ASSUMPTION OF RISKS AND RELEASE OF LIABILITY

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 BY AGREEING TO PURCHASE AND USE THE BREATHE WAY BETTER PRODUCT (THE “PRODUCT”), THE APP OR THE USE INSTRUCTIONS FOUND ON THE BLOG YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. 

 THE PRODUCT IS NOT A MEDICAL PRODUCT AND THE INFORMATION AND DATA COLLECTED FROM YOUR USE OF THE PRODUCT AND THE APP ARE NOT TO BE USED FOR MEDICAL DIAGNOSIS, TREATMENT OR ADVICE.   

 YOUR CHOICE TO USE THE PRODUCT IS VOLUNTARY AND INFORMED. 

 STOP USING THE PRODUCT IMMEDIATELY IF YOU FEEL ANY PHYSICAL DISCOMFORT. 

• CONSULT YOUR PHYSICIAN BEFORE USE IF YOU HAVE ANY PRE-EXISTING MEDICAL OR HEALTH CONDITIONS THAT MIGHT BE AFFECTED BY YOUR USE OF THE PRODUCT.
• THE PRODUCT IS NOT A MEDICAL PRODUCT. ONLY USE FOR ATHLETIC AND WELLNESS PURPOSES AND IN ACCORDANCE WITH THE MANUAL AND CARE AND USE GUIDELINES. FAILURE TO DO SO MAY RESULT IN SERIOUS INJURY.
• CONTACT A PHYSICIAN IF YOU EXPERIENCE DIZZINESS, LOSS OF BREATH, LIGHT HEADEDNESS, HEADACHE, OR NAUSEA DURING OR AFTER USE OF THE PRODUCT.
• DO NOT USE THE PRODUCT IF YOU ARE SUFFERING FROM A COLD, SINUSITIS, OR RESPIRATORY INFECTION.
• TO PREVENT THE POTENTIAL TRANSMISSION OF INFECTIONS, DO NOT SHARE YOUR PRODUCT WITH ANOTHER USER.
• CLEAN THE PRODUCT BEFORE EVERY USE ACCORDING TO THE CARE AND USE GUIDELINES.
• DO NOT USE THE PRODUCT UNDER ANY OF THE FOLLOWING CONDITIONS:

1. COLLAPSED LUNG DUE TO A TRAUMATIC INJURY THAT HAS NOT FULLY HEALED;
2. SPONTANEOUS PNEUMOTHORAX (A COLLAPSED LUNG THAT WAS NOT DUE TO TRAUMATIC INJURY);
3. RUPTURED EARDRUM THAT HAS NOT FULLY HEALED, OR ANY OTHER CONDITION OF THE EARDRUM; OR
4. ASTHMA, CHRONIC OBSTRUCTIVE PULMONARY DISEASE, OR ANY OTHER RESPIRATORY AILMENT WITH FREQUENT SEVERE EXACERBATIONS.

• DO NOT USE THE PRODUCT SIMULTANEOUSLY WHILE PERFORMING OTHER PHYSICAL ACTIVITIES (RUNNING, HIKING, CYCLING, ROWING, DRIVING, ETC.).

 YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN PHYSICAL ACTIVITIES AND THE USE OF THE PRODUCT INVOLVES MANY RISKS, DANGERS AND HAZARDS INCLUDING BUT NOT LIMITED TO, HEART ATTACKS, STROKES, ADVERSE RESPIRATORY CONDITIONS AND RISK OF OTHER CATASTROPHIC INJURY, INCLUDING DEATH.

YOU SHOULD CONSULT WITH A PHYSICIAN BEFORE USING THE PRODUCT TO ENSURE IT IS APPROPRIATE FOR YOU.  IF YOU SUFFER FROM DIABETES, CLINICAL OBESITY, CHRONIC OBSTRUCTIVE PULMONARY DISEASE OR ANY PRE-EXISTING RESPIRATORY OR CARDIOVASCULAR CONDITIONS, YOU SHOULD ONLY USE THE PRODUCT WITH YOUR PHYSICIAN’S EXPRESS APPROVAL AND UNDER YOUR PHYSICIAN’S DIRECT SUPERVISION. THE PRODUCT IS SUITABLE FOR PERSONS OVER THE AGE OF 12. 

BY PURCHASING AND USING THE PRODUCT, YOU ACKNOWLEDGE AND VOLUNTARILY ACCEPT ALL RISKS, DANGERS AND HAZARDS, INCLUDING BODILY INJURY AND DEATH, THAT MAY RESULT FROM YOUR USE OF THE PRODUCT.

 BY PURCHASING AND USING THE PRODUCT, YOU UNCONDITIONALLY AND IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE ISOCAPNIC TECHNOLOGIES INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PROFESSIONAL ADVISORS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”) FROM ANY AND ALL CLAIMS, LIABILITY, OR RIGHTS OF ACTION YOU HAVE OR MAY HAVE IN THE FUTURE THAT ARE RELATED TO, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH USE OF THE PRODUCT AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STATUTE OR UNDER ANY OTHER THEORY OF LIABILITY), BY THE RELEASEES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THIS RELEASE IS BINDING ON YOUR HEIRS AND SUCCESSORS.

 YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING ASSUMPTION OF RISKS AND RELEASE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY LAW AND THAT IF ANY PORTION THEREOF IS HELD INVALID, THE BALANCE SHALL NOTWITHSTANDING THAT INVALIDITY CONTINUE IN FULL LEGAL FORCE AND EFFECT. 

 BY PURCHASING AND USING THE PRODUCT, YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD THE RELEASEES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, RIGHTS OF ACTION, DAMAGES, LOSSES, FINES, PENALTIES AND COSTS (INCLUDING LEGAL FEES AND EXPENSES ON A FULL INDEMNITY BASIS) BROUGHT AGAINST, SUFFERED OR INCURRED BY ANY OF THE RELEASEES AS A RESULT OF YOUR PURCHASE OR USE OF THE PRODUCT. 

 39152.158759.CAR1.20244835.5