Legal Information & Notices
Any offer for any Product or Service made on this Site is void where prohibited.
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.
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.
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.
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.
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.
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.
Exhale Wellness LLC
1851 Big Town Blvd. Suite 500
Mesquite, TX 75149
Any feedback you provide at this Site will be deemed to be non-confidential. Exhale shall be free to use such information on an unrestricted basis.
Information in this Site is subject to change without notice.
Copyright © Exhale. All rights reserved.
Last update March 1, 2023.
EXHALE WEBSITE ARBITRATION AGREEMENT
TERMS AND CONDITIONS
EXHALE RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE ARBITRATION TERMS AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THESE ARBITRATION TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
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 UNLESS SPECIFIED BELOW IN SECTION 19 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
PLEASE READ THESE ARBITRATION TERMS 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.
Required Pre-Dispute Procedures.
Each party acknowledges and agrees that before initiating any claim against the other, to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to firstname.lastname@example.org. Exhale will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Exhale, or its designated representative(s) or affiliate(s) in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written description of the dispute, each party agrees to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this Arbitration Agreement, each party will have the right to seek injunctive or other equitable relief in state or federal court located in California to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in the subsections below. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
You and Exhale hereby agree to commence any arbitration proceeding within one- (1) year after the claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one-year shall be forever barred.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone, teleconference or by written submissions. Otherwise, the arbitration shall be conducted in California unless Exhale otherwise agrees to arbitrate in another forum requested by you.
Organization, Rules, and the Arbitrator.
In all respects, the parties shall each pay their own fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Governing Law and Award.
The arbitrator shall follow the substantive law of the State of California 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.
These Arbitration Terms survive termination of your account or relationship with Exhale’s or any of its affiliates’ bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire Arbitration Agreement shall be rendered null and void and shall not apply. If a portion of these Arbitration Terms (other than the class action waiver) is deemed unenforceable, the remaining portions of these Arbitration Terms shall remain in full force and effect.
Failure or any delay in enforcing these Arbitration Terms in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the one-year limitation period set forth above. These Arbitration Terms constitute the entire Arbitration Agreement between you and Exhale and shall not be modified except in writing by Exhale or any of its affiliates.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Exhale or any of its affiliates each retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Exhale will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in California: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by Exhale or any of its affiliates for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection: (i)” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by other subsections: (i),” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in California and forever waive any challenge to said courts’ jurisdiction and venue.
Exhale or any of its affiliates reserves the right to amend these Arbitration Terms at any time. Your continued use of the Website, purchase of any product or services on or through the Website, or use or attempted use of an Exhale product or service, is affirmation of your consent to such changes. Your continued use of the Website, purchase or use of any products or services on or through the Website, or use or attempted use of an Exhale product or service, is affirmation of your consent to such changes whether or not such changes are considered material.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THESE ARBITRATION TERMS AT THE TIME THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE OR PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT SUPPORT@EXHALEWELL.COM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST IMMEDIATELY SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF YOU FAIL TO IMMEDIATELY NOTIFY US OF YOUR DECISION TO OPT-OUT OF THESE ARBITRATION TERMS, YOU ARE NOT ELIGIBLE TO OPT OUT OF THESE ARBITRATION TERMS AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS ARBITRATION AGREEMENT.
Should either party file an action contrary to these Arbitration Terms, the other party may recover reasonable attorney’s fees and costs.