Exhale Wellness Terms of Use
Legal Information & Notices
Ownerhsip of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Exhale Wellness web site located at https://exhalwellness.com and all associated sites linked to https://exhalwellness.com/ by Exhale Wellness LLC, its subsidiaries and affiliates (collectively “Exhale,” the “Company,” “we,” “us,” and “our”), including Exhale sites around the world (collectively, the “Site”). This Site is the property of Exhale. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OTHER NOTICES REFERENCED IN THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
These Terms of Use apply to all users of the Site (“you”), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These Terms of Use govern the Site and all information, tools, products and services (collectively, the “Services”) to the extent not covered by a more specific agreement signed by you and the Company.
IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION. BY AGREEING TO THESE TERMS OF USE, YOU ACCEPT THAT YOU MUST RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS IN ARBITRATION, AS DESCRIBED IN MORE DETAIL BELOW IN THE DISPUTE RESOLUTION SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE COMPANY. IT ALSO WILL PRECLUDE YOU FROM PARTICIPATING IN, OR RECOVERING RELIEF UNDER, ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE.
Exhale reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Exhale grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Any offer for any Product or Service made on this Site is void where prohibited.
Purchases
We primarily sell our products (“Products”) through our online e-commerce store. To purchase any Products through the Services, you must: (a) be at least 21 years of age, (b) provide us with current, complete and valid payment information associated with a credit card or other payment method that you are authorized to use, and (c) authorize us to charge your credit card or other payment method for the price of the Products or Services that you request, together with any taxes, fees, or shipping charges described on the Services. You also agree to promptly update your account and other information, including your email address and credit card or other payment method and associated expiration dates, so that we can complete your transactions and contact you as needed.
Personal Use only
All orders of our Products must be for personal use only. The resale of our Products by or through any third-party owned or operated websites, online auction, third party online marketplace, store or digital platform (including, but not limited to, Amazon, Etsy, Shopify, eBay, Alibaba or other similar sites) is strictly prohibited. We reserve the right to reject or cancel any order, including but not limited to orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, and if we have reason to believe that your order is not for personal use.
No Representation; No Professional or Medical Advice
While we attempt to be accurate in offering descriptions on the Products and Services, we do not warrant that any product description is accurate, complete, or error-free, nor do we represent that any Product will diagnose, treat, cure, or prevent any disease. The Products or Services provided through this Site do not provide medical advice, diagnosis or treatment, and the information included in the Products or Services is offered for informational purposes only. Some portions of the Services may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our Products and Services, our employees or any third parties we may be affiliated with, are not authorized to provide medical or other professional advice through the Products or Services. We also have not confirmed the qualifications of any third party who provides information through the Products or Services, even if that third party lists thier, his or her qualifications. As a result, you should never use the information you obtain on the Products or Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider. Our products are not intended to diagnose, treat, cure or prevent any disease.
The statements on the Products or Services have not been evaluated by the Food and Drug Administration.
Prohibited Uses
You are prohibited from using the Site or its content (a) for any unlawful or unauthorized purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit worms, viruses or any other type of destructive or malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Products, the Services or any related website for violating any of the prohibited uses.
Registration and Access Restrictions
You may be required to register for an account with us in order to use certain features of the Services. If you elect to take advantage of such features, you must register through the Services by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Services. You agree to: (a) provide true, accurate, current and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Services permit such updates; (c) use limited-access portions of the Services only using access credentials that we have issued to you; and (d) exit your account at the end of each session in which you have logged-in to use the Services.
You must maintain the confidentiality of any access credentials that we issue to you and you may not share them with any other person. You must notify us immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.
Intellectual Property
Software. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights or property of Exhale through the use of the Site, Products or Services.
Name and Logos. The Exhale name and logos are trademarks and service marks of Exhale (collectively the “Exhale Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Exhale. Nothing in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Exhale Trademarks or third party trademarks displayed on the Services, without our, or such third party’s express prior written permission in each instance as applicable. All goodwill generated from the use of Exhale Trademarks will inure to Exhale’s exclusive benefit.
Material on the Site. Except where noted otherwise, all material and content on the Site and any variations of them are copyrighted by Exhale or affiliate firms. No part of the materials and content on the Site, including but not limited to, the text, graphics and html code, may be reproduced or transmitted in any form, or by any means without the express prior written permission of Exhale.
Third Party Material. The Services may include or incorporate third party material. These third parties are not under Exhale’s control. Under no circumstances will Exhale, its directors, shareholders, officers, employees, affiliates and assigns be liable in any way for any materials or content of any third parties, including, but not limited to, any errors or omissions in any material or content, or for any loss or damage of any kind incurred as a result of the use, reproduction, distribution, performance, or display of any third-party material or content on or through the Services. You bear the sole responsibility and all risks associated with the use of any third-party material or content, including any reliance on the accuracy, completeness, or usefulness of such material or content.
Disclaimer of Warranties
USE OF ANY PORTION OF THE PRODUCTS OR SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXHALE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
EXHALE MAKES NO WARRANTY THAT THE PRODUCTS, SERVICES OR ANY PORTION OF THE PRODUCTS OR SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PRODUCTS OR SERVICES (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (C) WILL PROVIDE ACCURATE OR RELIABLE RESULTS, (D) WILL MEET YOUR EXPECTATIONS OR (E) THAT EXHALE WILL ADDRESS YOUR CONCERNS TO YOUR SATISFACTION.
Limitation of Liability
In no event will Exhale, its affiliates, or any of their respective partners, officers, directors, shareholders, agents, contractors, licensors, services providers, subcontractors, suppliers and employees be liable to you for any claim related in any way to your use of the Products or Services, or any damages, including without limitation, any special, indirect, incidental, consequential, or punitive damages, whether based in contract, tort (including negligence), strict liability or otherwise that may result from the Products or Services.
Indemnity
You agree to indemnify, defend and hold harmless Exhale and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use of the Site (including any documents incorporated by reference) or your violation of any law or the rights of a third party.
Dispute Resolution
Any dispute, claim or controversy arising out of or relating in any way to the Site, these Terms of Use, the Products or the Services will be resolved exclusively by final and binding arbitration in accordance with the terms of our arbitration agreement (“Arbitration Agreement”). THIS ARBITRATION AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES.
Governing Law
Subject to the Arbitration Agreement provisions above, these Terms of Use shall be governed by the laws of the United States and construed in accordance with the laws of the State of California, without regard to any conflicts of law provisions. To the extent that your agreement to arbitrate is not deemed to apply, you expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of the State of California to adjudicate and resolve any dispute with Exhale, its affiliates, subsidiaries, employees, contractors, officers, directors, shareholders and any other service providers regarding any dispute, claim or controversy arising out of or relating in any way to the Site, these Terms of Use, the Products or the Services. You agree to the personal jurisdiction, and venue, in the state and federal courts in Los Angeles County, California and you hereby irrevocably waive your right to a jury trial or to claim that the State of California is an inconvenient forum to hear claims and disputes.
Void Where Prohibited
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Exhale reserves the right to limit, in its sole discretion, the provision and quantity of any feature of the Site, Product or Service to any person or geographic area. Any offer for any feature of the Site, Product or Service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Severability
If any of the provision of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision shall be limited, eliminated or severed from these Terms of Use and replaced with a valid provision that best embodies the intent of these Terms of Use, and the other provisions of these Terms of use shall continue to remain valid and enforceable in full force and effect.
Entire Agreement
These Terms of Use constitute the entire agreement between you and Exhale and govern your use of the Site or in regard to the Products or Services, and any and all other written or oral agreements or understandings previously existing between you and Exhale with respect to such use of the Site or in regard to the Products or Services (including, but not limited to, any prior versions of these Terms of Service) are hereby superseded and canceled. Any interpretation of these Terms of Service shall not be construed against the drafting the party.