DailyBreath Website Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE SITE.

By using any part of the Site (defined below), you expressly acknowledge and agree that you are entering into a legal agreement with DailyBreath, LLC. (“DailyBreath“, “ we“, “ us” or “ our“) and have understood and agree to comply with, and be legally bound by, the following terms and conditions (the “ Terms“). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms, please do not use any part of the Site. The term “Site” means the DailyBreath website available at http://www.dailybreathforecast.com/, as well as any services, features and content made available to you thereon.

For the avoidance of doubt, if you download the DailyBreath App (DailyBreath’s mobile software application product) from the Site or receive access to any other DailyBreath products or services made available for developers or businesses from the Site, additional terms and conditions will apply to your use of such products or services.

Ability to Accept. By using the Site you affirm that you are over thirteen (13) years of age. If you are between the ages of thirteen (13) and eighteen (18) years, then, prior to using the Site, you must first review these Terms with your parent or guardian to make sure that you and your parent or guardian understand them.

License. Subject to your full compliance with these

Terms, we grant you a non-exclusive, non- sublicensable and non-transferable license to access, use and display locally the Site and the Content (as defined below), to the extent we hold such rights, andsolely for purpose of using the Site.

License Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. Location Data.Certain features or functionality (“ Features“) of the Site may collect or be dependent on data related to your geographic location (“ Location Data“). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy (defined below). If you do not provide or make such Location Data accessible, then the Features may be limited or not operate.

Intellectual Property Rights.

Ownership. Your use of the Site is licensed and not sold to you under these Terms and you acknowledge that DailyBreath and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Site (and its related software). We reserve all rights not expressly granted herein to the Site. As used herein, the term “

Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.

Content. The content, including, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided or otherwise made available on or through the Site (collectively, the “ Materials“), as well as the User Submissions (defined below) and the trademarks, service marks and logos contained therein (collectively, “ Marks“, and together with the Materials and User Submissions, the “ Content“), is the property of DailyBreath and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “DailyBreath” and the DailyBreath logo are Marks of DailyBreath, LLC and/or its affiliates. All other Marks used on the Site are the trademarks, service marks, or logos, as applicable, of their respective owners.

Use of Content. The Content on the Site is provided to you “AS IS” for your personal use only and may not be used, copied, distributed, transmitted, broadcasted, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purpose whatsoever without our prior written consent. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein. You acknowledge that all Content accessed or used by you is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.

User Submissions.

The Site may permit the sharing of content by you and other users, including but not limited to information, opinions, recommendations, inventions and/or feedback that you may provide DailyBreath in connection with the Site and/or your experience while using the Site (“ User Submissions“). Your User Submissions may be made publicly available through the Site. You understand and agree that, whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of sharing them. We have complete discretion whether to publish your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason.

Each User Submission, whether publicly posted or privately transmitted, is the sole responsibility of the user who originated such User Submission. You warrant that all User Submissions originated by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Submissions, accessed by you using the Site is at your own risk, and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate.

License to User Submissions. Subject to these Terms and the terms of our Privacy Policy, you hereby grant us, by submitting User Submissions, a worldwide, irrevocable, non-exclusive, royalty-free, fully-paid, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publicly display, and publicly perform the User Submissions in connection with the Site, including without limitation to redistribute part or all of your User Submissions (and derivative works thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each of our users and Third Party Sources (defined below) a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in accordance with these Terms.

Third Party Sources and Content.

The Site enables you to view, access, link to, and use content and/or information based on raw data, including observational data, gathered by third party sources (“ Third Party Sources“), not owned or controlled by us (“ Third Party Content“). Such Third Party Content is subject to third party terms and conditions (“ Third Party Terms“) and provided without DailyBreath or any other professional person monitoring, examining, validating or altering in any way such information, and without any verification whether such information is true, complete, or accurate.

A list of the Third Party Sources and their related Third Party Terms is available at Data Sources Attribution. If there is a conflict between any Third Party Terms and the terms of these Terms, then the Third Party Terms shall prevail but solely in connection with the related Third Party Sources.

For the avoidance of doubt, all such Third Party Sources are and shall continue to be the owners of all such Third Party Content.

We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity.

We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights of, or relating to, any Third Party Content.

We do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third Party Content or communicated to you from a Third Party Source.

By accessing or using the Site, you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.

You are solely responsible and liable for your interaction with Third Party Sources. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against DailyBreath, and release DailyBreath from any and all liability, arising from your use of and interaction with any Third Party Content and/or Third Party Source. If you have any query or complaint regarding a Third Party Source or Third Party Content, you agree to contact the Third Party Source directly.

Payments.

Your use and access of the Site hereunder is currently free of charge, however, we may in the future charge a fee for certain features and/or uses. You will not be charged for any such uses of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in your not having access to some or all of the Site.

Please be aware that your use of the Site may require and utilize Internet connection or data access. To the extent that third party service provider or carrier charges for your Internet or data usage are applicable, you agree to be solely responsible for those charges.

Information Description. We attempt to be as accurate as possible and provide you with real-time air quality information. However, please be aware that since such Third Party Content provided and displayed within the Site is received from Third Party Sources, such information may appear in a delay and/or may be partial or inaccurate, and therefore we cannot and do not warrant that the content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof, without the requirement of giving you any notice prior to or after making such changes to the content.

Privacy. We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy, which is available at this link (“http://www.dailybreathforecast.com/privacypolicy“), and you agree that we may do so .Please also be aware that certain personal information and other information provided by you in connection with your use of the Site may be stored on your computer or other device (even if we do not collect that information). You are solely responsible for maintaining the security of your computer or other device from unauthorized access.

Warranty Disclaimers.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SITE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

THE REPORTS PROVIDED BY THE SITE DO NOT REFLECT POLLUTION LEVELS INSIDE STRUCTURES OR IN, OR IN THE IMMEDIATE VACINITY OF, SITES ASSOCIATED WITH HIGH RISKS OF POLLUTION OR TOXICITY, SUCH AS, BUT NOT LIMITED TO, INDUSTRIAL AREAS, CONSTRUCTION SITES, LABS OR RESEARCH FACILITIES OR WASTE COLLECTION, DISPOSAL OR TREATMENT SITES. YOU SHALL NOT RELY ON, AND WE MAKE NO WARRANTY REGARDING, REPORTS FROM THE SITE IN CONNECTION WITH ANY OF THE FOREGOING.

THE CONTENT PROVIDED AND DISPLAYED WITHIN THE SITE IS NOT INTENDED TO BE, AND SHALL NOT BE CONSIDERED BY YOU TO BE, A SUBSTITUTE FOR THE TESTING OR REPORTING OF THE CONCENTRATION OF POLLUTION ELEMENTS BY THE APPLICABLE INSTITUTION(S) OR SERVICE PROVIDER(S) AUTHORIZED TO DO SO UNDER APPLICABLE LAWS AND REGULATIONS. THE SITE AND THE CONTENT PROVIDED SHALL NOT CONSTITUTE ANY FORM OF CONSULTATION, OPINION, DIAGNOSIS, AND/OR RECOMMENDATION OF ANY KIND, AND SHALL NOT BE RELIED UPON FOR ANY PURPOSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, FOR THE PURPOSE OF MAKING DECISIONS CONCERNING YOUR OR ANY OTHER PERSON’S HEALTH, FORMULATING OR SUPPORTING REGULATIONS, ASCERTAINING TRENDS, ACTING AS GUIDANCE, OR SUPPORTING ANY OTHER GOVERNMENTAL OR PUBLIC DECISION-MAKING. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE CONTENT PROVIDED BY THE SITE IS BASED ON RAW DATA, INCLUDING OBSERVATIONAL DATA, WHICH ARE NOT FULLY VERIFIED OR VALIDATED, ARE SUBJECT TO CHANGE, SHOULD BE CONSIDERED PRELIMINARY, AND ARE PROVIDED SOLELY FOR THE PURPOSE OF REPORTING AND FORECASTING THE AIR QUALITY INDEX (AQI). ANY AND ALL OFFICIAL REGULATORY AIR QUALITY DATA MUST BE OBTAINED FROM THE EPA’S AIR QUALITY SYSTEM (AQS).

IF YOU HAVE A DISPUTE WITH ANY USER OF THE SITE AND/OR THIRD PARTY SOURCE, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

Limitation of Liability.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DAILYBREATH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY

TO USE, THE SITE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DAILYBREATH ARISING UNDER, OR IN CONNECTION WITH, THESE TERMS, OR OTHERWISE OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO DAILYBREATH FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO YOUR BRINGING THE CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION 12 SHALL APPLY: (i) EVEN IF DAILYBREATH HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (ii) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (iii) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.

Indemnity. You agree to defend, indemnify and hold harmless DailyBreath and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your violation of these Terms; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.

Term and Termination.

We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Site; and/or (ii) terminate these Terms and your use of and access to the Site with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of these Terms or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. This Section 14.2 and Sections 5 ( Intellectual Property Rights), 10 ( Privacy), 11 ( Warranty Disclaimers), 12 ( Limitation of Liability), 13 ( Indemnity), and 15 ( Assignment) to 18 ( General) (inclusive), as well as any provision of these Terms which by nature ought to survive, shall survive termination of these Terms and your use of or access to the Site.

Assignment. These Terms (and any rights and obligations hereunder), may not be assigned by you, but may be assigned by DailyBreath without restriction or notification. Any unauthorized assignment shall be null and void.

Modification. We reserve the right to modify these Terms at any time by publishing the updated Terms on the Site. Such modification will be effective upon publication of the updated Terms, and your continued use of any part of the Site thereafter shall constitute your acceptance of those modifications and the updated Terms.

Governing Law and Disputes. These Terms and any dispute between you and DailyBreath in connection with the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, U.S.A., without regard to its conflict of laws rules. Any claim, dispute or controversy between you and DailyBreath shall be subject to the exclusive jurisdiction of the courts located in the Commonwealth of Virginia, U.S.A., and you hereby irrevocably submit to the personal and exclusive jurisdiction of such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts; provided, however, that DailyBreath may seek injunctive relief in any jurisdiction worldwide.

General. These Terms, and any other legal notices published by us in connection with the Site, shall constitute the entire agreement between you and DailyBreath concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, and the invalid provision shall be substituted with a provision that most closely approximates the original legal and economic effect of the invalid provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Any waiver must be in writing and duly signed by the waiving party. All section and sub- section headings used in these Terms are for convenience only  and shall not be relied upon or used in interpreting these Terms. Any notices to DailyBreath must be sent using the tools made available on the Site. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Headquarters

Clifton, VA