Terms & Conditions

PLEASE READ THIS ENTIRE TERMS AND CONDITIONS. YOUR LEGAL RIGHTS ARE AFFECTED BY USE OF THE SERVICES OFFERED ON BREEZERIO.COM

These terms of use apply to all visitors and/or users (“I”, “You”, “Your” or “Customer”) of Breezerio.com (the “Site”). The following terms and conditions, as amended, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this agreement, together with any documents and other agreements that expressly incorporate by reference (collectively, these “Terms”, "Terms of Use" or this “Agreement”), govern your access to use of the Site, including any content, functionality and services offered on or through Breezerio.com.

As referred in this Terms of Use, Breeze Rio or breezerio.com refers to B Simple LLC.

        By using or accessing the Site and or purchasing any goods or services through the Site, You are agreeing to and “signing” (including an electronic or digital signature, such as clicking an “I accept” button, in a manner that complies with applicable law, which may include electronic signature, click-through accept, the completion of a purchase, selection of a payment method, or the purchase of any goods or services offered through the Site) these Terms Of Use, and You acknowledge and agree that You have:

        (a) 18 years of age or over and You have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein;

(b) fully read the Terms of Use in its entirety (including the Privacy Policy and the Return and Exchange Policy (linked below);

       

        (c) understand all of the terms and conditions of this Agreement, and;

        (d) agree to be fully bound by the Terms of Use, as amended, without limitation or qualification.

IF YOU DO NOT WANT TO AGREE TO THE TERMS IN THIS TERMS OF USE OR THE PRIVACY POLICY, OR DO NOT MEET THE ABOVE-MENTIONED ELIGIBILITY OR REQUIREMENTS, YOU MUST NOT ACCESS, BROWSE, VISIT, OR USE THE SITE, ANY CONTENT OR SERVICES PROVIDED OR OFFERED ON THE SITE, OR PURCHASE ANY GOODS OR SERVICES THROUGH THE SITE. YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITE.

B SIMPLE LLC CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITES OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITE. IF YOU DO NOT CEASE USING THE SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

  1.     Registration And Eligibility

You must be 18 years of age or over to use, access, register for any function, service, or portion of this Site which requires such registration. By using this Site and any services provided therein, You represent and warrant that You are an individuals who can form legally binding contracts and who are not barred from using the Site under applicable laws

You agree to provide Breezerio.com with accurate, truthful, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of Your order.

Breezerio.com reserves the right to refuse its service or access to the Website to anyone, at any time, without notice, for any or no reason.

  1.     Privacy Policy

Breezerio.com respects Your privacy. Our collection, use and disclosure practices regarding Your personally identifiable information is set forth in our Privacy Policy (the “Privacy Policy”). Please take some time to review our Privacy Policy as its terms are incorporated herein by reference and Your assent to these Terms of Use includes Your assent and agreement to our Privacy Policy.

  1.     Policies

All product sales from the Site are governed by this Term of Use and by the Return and Exchange Policy linked below. You should refer to the terms soet in this agreement and to all the other terms set on the links included in this agreement to learn more about applicable product warranties, our return policy and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms.

Breezerio.com reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

  1.     Your Account

If you purchase products or services through your account using the Site you must establish an account with Breeze Rio. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password.

You agree to immediately notify Breeze Rio of any unauthorized use of your password or account or any other breach of security by contacting our Support Center. We have the right to disable any account or password at any time, for any reason.

In the case of an investigation of any suspected alleged crime or civil wrong doing Breezerio.com may cooperate with the legal authorities in the investigation. Breezerio.com reserves the right at its sole discretion to disclose any information as the Company considers necessary to satisfy the applicable law, regulation, legal process or governmental request.

You acknowledge and agree that Breeze Rio may, to the extent permitted by applicable law, access, preserve, and disclose your account information, all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if Breeze Rio determines, in its sole discretion, that such action is necessary to protect the rights of Breeze Rio, third parties, and other users of the Site or for purposes of responding to your request for customer service. Breeze Rio’s right to disclose any such information shall govern over any terms of our Privacy Policy.

  1.     Information Provided

You represent and warrant that all required information You provided to this Website is truthful and accurate, and that you will maintain the accuracy of such information.

  1.     Trademarks

The Company name, the terms and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Except as expressly authorized by Breezerio.com, You agree not to use Breezerio.com’s trademark or any mark confusingly similar to the Breezerio.com mark. You agree not to reproduce, distribute, display or create derivative works of any part of Breezerio.com or the Site or any information presented to You through the Site, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on the Site, framing content from Site or creating any unauthorized derivative work.

All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners. Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, trade names, trade dress, service marks, taglines, or logos owned or licensed by Company or by any third party. Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and Breezerio.com.

  1.     Copyright And Content

The contents of this Site are protected by copyright under United States and foreign laws. Title to the content of this Site remains with Company or its licensors. Any use of such content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Company. All rights not expressly granted herein are reserved to Company and its licensors.

  1.     Alleged Violations (Termination)

Company reserves the right to suspend or terminate your account or your access to this Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with the use of this website by others.

  1.     Prohibited Uses

You agree that the Site is provided solely as a convenience to you for non-commercial use. You may use the Site only for lawful purposes and in accordance with these Terms of Use. You acknowledge and agree that Breezerio.com, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site.

You agree not to use the Site:

  1. In any way that violates any applicable federal, state, local or international law or regulation.
  2. To physically or emotionally injure or harm any person or entity (e.g. threatening, fraud, identity theft, violation of privacy rights, and criminal activity)

            iii. For any illegal purpose.

  1. To post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Site and/or our related services and products.
  2. To resell or to make commercial use of the Site or Content therein;
  3. To modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content.

Any unauthorized use of the Site will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Site, and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes.

  1.  Reliance On Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not, and cannot, warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the website, or by anyone who may be informed of any of its contents.

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, BREEZERIO.COM RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION.

We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Site. Minor differences in color and other variations in products are possible as a result of different IMAGE ACQUISITION, display technologies or other technical reasons. Breezerio.com is not liable for these variants and deviations

  1.  Online Purchases And Other Terms And Conditions

All purchases through the Site or other transactions for the sale of goods, or services or information formed through the Site or as a result of visits made by You are governed by this Agreement and the following terms of sale, which are hereby incorporated into these Terms of Use.

Access to some of the Goods requires the payment of a fee (the “Paid Goods”). If You elect to purchase Paid Goods, You agree to our storage of Your payment information and understand that your Paid Goods are personal to You, such that you may not transfer or make available Your account name (and/or registration number) to others. Any distribution by You of Your account name may result in cancellation of Your Paid Goods without refund and/or additional charges based on unauthorized use. We reserve the right, from time to time, to change the Paid Goods, with or without prior notice to You.

  1.         Payment. Prices for all Paid Goods are in U.S. dollars and exclude any and all applicable taxes, unless expressly stated otherwise. To the extent permissible under law, You are responsible for any applicable taxes, whether or not they are listed on Your receipt or statement. All applicable taxes are calculated based on the billing information You provide us at the time of purchase. If You purchase Paid Goods, You agree to pay, using a valid credit or debit card or other form of payment that we may accept from time to time (“Payment Method”), the applicable fees and taxes (if any) set forth in the offer that You accepted. We reserve the right, upon prior notice to You, to change the amount of any fees and to institute new fees. All authorized charges will be billed to your designated Payment Method on the terms described in the specific offer. If payment cannot be charged to Your Payment Method or Your payment is returned to us for any reason, we reserve the right to either suspend or terminate your access to the Paid Services. It is Your responsibility to ensure that sufficient funds are available to cover the charges for the Paid Services, and we have no liability for any overdraft or other fees that You may incur as a result of our processing of Your payment.
  2.  Current Information. You must provide us with current, complete and accurate information for Your Payment Method. You must promptly update all information to keep your Payment Method current, complete and accurate (such as a change in billing address, card number or expiration date), and You must promptly notify us if your Payment Method is cancelled (including if you lose your card or it is stolen), or if You become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made by contacting customer support number. If You fail to provide us with any of the foregoing information, You agree that You are responsible for fees accrued under Your Payment Method. In addition, You authorize us to obtain updated or replacement expiration dates and card numbers for Your credit or debit card as provided by Your credit or debit card issuer.
  3.         Return Policy. Our policies related to returns of products are set forth in our Return CenterPlease take some time to review our policy as its terms are incorporated herein by reference and Your assent to these Terms of Use includes Your assent and agreement to our Privacy Policy

 

12. Links to Third Party Websites

 

The Site may contain links to websites and other resources operated by third parties other than B Simple LLC. Such links are provided solely as a convenience to you. B Simple LLC does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

 

  1.  Disclaimer Of Warranties; No Reliance.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THE SITE ARE AT YOUR OWN RISK. WE HAVE NOT VERIFIED THE DATA OR INFORMATION AVAILABLE THROUGH THE SERVICES AND DO NOT WARRANT ITS ACCURACY, LEGITIMACY, TIMELINESS, LEGALITY OR COMPLETENESS. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS "NO WARRANTIES" SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Nothing in these Terms of Use shall effect your legal rights under applicable consumer laws.

IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, BREEZERIO.COM MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, BREEZERIO.COM WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE.

  1.  Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE TERMS IN THE AGREEMENT RELATING TO DISCLAIMER OF WARRANTIES, ACCESS AND USE OF BREEZE RIO PRODUCTS, AUDIT, LIMITATION OF LIABILITY, INDEMNIFICATION, USER’S RELEASE OF CLAIMS, AND PAYMENT FOR BREEZE RIO PRODUCTS SHALL SURVIVE ANY TERMINATION OF THE END USER AGREEMENT.

IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY COMPANY PURSUANT TO THESE TERMS OF USE, OR IN ANY OTHER WAY CONCERNING THIS SITE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THIS SITE.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

  1.  Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

The provisions of this Agreement relating to disclaimer of quality of Content, limitations on liability, and indemnification are for the benefit of BREEZERIO.COM and the Indemnified Parties. Each of BREEZERIO.COM and the Indemnified Parties shall have the right to assert and enforce those provisions directly against the End User on their or its own respective behalf.

  1.  Arbitration and Class Action Waiver.
  2. a)     EXCEPT WHERE PROHIBITED BY LAW, YOU AND BREEZERIO.COM UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND BREEZERIO.COM, ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES (INCLUDING DISPUTES AGAINST ANY AGENT, EMPLOYEE, SUBSIDIARY, AFFILIATE, PREDECESSOR IN INTEREST, SUCCESSOR, OR ASSIGN OF THE OTHER) RELATING TO THE SITE, THE INFORMATION AND MATERIALS PUBLISHED BY BREEZERIO.COM ON OR THROUGH THE SITE, ANY TRANSACTION OR RELATIONSHIP BETWEEN US RESULTING FROM YOUR USE OF THE SITE, COMMUNICATIONS BETWEEN US, OR THE PURCHASE, ORDER, OR USE OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA").

The following procedures shall apply:

  1. i) Starting the Dispute-Resolution Process. A party (You or Breezerio.com) who intends to seek arbitration must first send to the other, by certified mail, a written Dispute Notice (“Notice”). The Notice to Breezerio.com should be addressed to: contact@breezerio.com [NMF2] (“Notice Address”). The Notice must (a) provide Your mailing address, phone number, and account name (if any); (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). If Breezerio.com and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or Breezerio.com may commence an arbitration proceeding with the American Arbitration Association (“AAA”). If for any reason AAA is unavailable, the parties shall mutually select another arbitration forum.
  2. ii) Costs of Arbitration. Breezerio.com will pay all AAA filing, administration, and arbitrator fees for any arbitration that Breezerio.com initiates. The payment of those fees for any arbitration that You initiate will be governed by the AAA Rules (which can be found in more detail in subparagraph “d” below). If You initiate an arbitration in accordance with the notice requirements of subparagraph “i”  above and are seeking relief valued at $300 or less (both to You and Breezerio.com), Breezerio.com will pay all AAA filing, administration, and arbitrator fees. If Your claim is for greater than $300 but less than $10,000, Breezerio.com will pay all such fees in excess of $20. After Breezerio.com receives notice at the Notice Address that You have commenced such an arbitration, Breezerio.com will promptly reimburse You for any portion of the filing fee that You paid that Breezerio.com has agreed to pay.

If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules, and You agree to reimburse Breezerio.com for any amounts Breezerio.com has paid on Your behalf to the AAA.

iii) Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by this arbitration provision. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another arbitration provider that the parties agree to or that the court selects.

Unless Breezerio.com and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your residence at the time of the filing of the Demand. If You bring a claim for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

Arbitrators may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law.

Unless You and Breezerio.com agree otherwise, You and Breezerio.com must bring all directly related claims in a single arbitration proceeding. If You or Breezerio.com later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Although under some laws Breezerio.com may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, Breezerio.com agrees that it will not seek such an award unless You are represented by an attorney and the arbitrator has determined that Your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).

The parties must bring any dispute or claim arising out of or related to the AAA Rules, or the relationship between them, within one (1) year after the dispute or claim arises, or the dispute or claim will be permanently barred.

To the extent the law applicable under the governing law section above makes this limitation period to bring a dispute or claim unenforceable with respect to any dispute(s) or claim(s), then the statutes of limitations of the state whose laws govern the AAA Rules in the jurisdiction where the arbitration is held shall apply.

  1. b) Class Action Waiver; Waiver of Jury Trial.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.

In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.

Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this Agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void.

YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST BREEZERIO.COM, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SITE, SERVICES, OR MEMBERSHIP PLANS.

  1.  No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Breezerio.com as a result of these Terms of Use, our Privacy Policy or any use of the Site. Breezerio.com's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Breezerio.com's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Breezerio.com with respect to such use.

  1.  Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising from or related to (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California.

  1.  Entire Agreement

The Terms of Use, the Privacy Policy and all the links displayed in this terms of use constitute the sole and entire agreement between You and Breezerio.com with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.