Welcome to Inhale Health, LLC. Inhale Health is a Biotechnology company based in Beverly Hills, California. Our mission is to advance healthy habits globally. On behalf of our team, we invite and encourage You to familiarize Yourself with our terms and conditions.
This Terms and Conditions (“Agreement”) contains the terms and conditions of Your agreement with Inhale Health and constitutes a legally binding agreement under which Inhale Health sells products to You. In this Agreement the terms “We”, “Us”, “Our” and “Inhale Health” shall refer to and mean Inhale Health, LLC and the terms “You”, “Your”, and “Customer” shall refer to any person that accesses this Site and/or purchases any products. It is important that You read this Agreement carefully as it contains information regarding Your legal rights, and contains, amongst other terms, an arbitration clause which may affect these rights.
If You are a new or existing Customer, You accept these terms and conditions and You agree to comply with all applicable local, State and Federal laws and Our policies if You do any of the following: (a) give Us electronic or written signature or orally accept these terms and conditions; or (b) purchase and pay for one or more of our products. If You do any of the foregoing, You are agreeing to be bound by the terms and conditions of this Agreement. This Agreement makes up the entire agreement between Us and replaces all other written and oral agreements. You cannot rely on any contradictory or inconsistent statements made by sales representatives or agents of Inhale Health. Inhale Health reserves the right to terminate Your use of this site at any time without notice and may do so for any breach of this Agreement.
You agree that the copyrights, trademarks, design marks, trade dress and logos (“Trademarks”) used by Us on this website are registered and/or unregistered intellectual property of Inhale Health, LLC. You further agree not to infringe, misappropriate or otherwise injure the intellectual property rights or good will of Inhale Health or any third party. Except for a limited license to use Our products arising out from the sale of a product, Your purchase of Inhale Health products does not grant any license or right to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Inhale Health or other related products, including the content of this website or any marketing materials emailed to You by Inhale Health. You agree that a violation of this section is harmful to Inhale Health and cannot adequately be redressed by money damages, and that Inhale Health shall be entitled to immediate injunctive relief in addition to all other remedies available.
Any health related content, information or materials contained on the Site is provided to You for informational purposes only and should not in any way be relied upon by You as a substitute for the advice of Your medical or other health care professional. You are urged to seek the advice of a medical doctor or other health care professional and You should not use the content, information, products or materials contained on the Site for diagnosing, treating, curing or preventing any disease, condition or health matters, including but not limited to if You are pregnant, nursing, taking medication, or have a history of heart conditions. Information, content and statements made by Us on the Site have not been evaluated by the Food and Drug Administration and the products purchased by You on the Site are not intended to diagnose, treat, cure or prevent any disease. The results on all products are not typical and not everyone will experience these results.
Pricing and Availability of Products
Prices and availability of products on the Site are subject to change without notice. Any pricing or other error on the Site shall be corrected and You shall be notified of any change in pricing prior to shipment of Your order. In the unlikely event that You order a product and receive a shipment confirmation but the product is no longer available in our inventory, You agree that We may rescind Our acceptance of Your order and cancel Your order, with a full refund and without any penalty due to the product being unavailable or You will have the option to wait for Your order to be restocked and delivered to You upon availability.
DISCLAIMER OF WARRANTIES
This Site and all the information, materials, contents, services, if any, and products included or otherwise made available to You on or through the Site are provided by Us or our third party affiliates or partners “AS-IS”, “AS AVAILABLE”, unless otherwise provided to You in writing and without any representations or warranties of any kind, whether express or implied, as to the operation of this Site, the contents, information, materials, services, if any, and products made available to You. To the full extent permissible under applicable law, Inhale Health disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Inhale Health disclaims any representations or warranties that the Site or any functions on the Site will be error-free, uninterrupted or free from viruses or other harmful components or that the defects will be corrected. Disclaimer of warranties is not permitted by certain states and as such if You are subject to such laws, the disclaimers do not apply to You and You may have additional rights and remedies in accordance with the law.
Our products are made available to You on Our Site for personal use only and should not be used for commercial or business use or application, including but not limited to commercial resale or export outside the country of purchase.
Limitation of Liability
Inhale Health, its employees, officers, directors, licensors or affiliates shall not be liable to any party for punitive, special or consequential damages arising out of the use of this Site, any content, information, material on the Site or any products purchased by You on the Site, even if We have been advised of the possibility of such damages. Disclaimer of warranties is not permitted by certain states and as such if You are subject to such laws, the disclaimers do not apply to You and You may have additional rights and remedies in accordance with the law.
Inhale Health and You hereby agree to first contact each other regarding any disputes, involving the products purchased, or other issues related to this Agreement. You must contact Us with any such dispute by first sending an email to firstname.lastname@example.org. Please state the nature of Your dispute and We will direct You to where You should send any backup documentation necessary to review Your claim. Should We need to reach You, We will contact You using the last contact information contained in Your account information. We each agree to negotiate in good faith to resolve any dispute.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS, EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED RESALE, EXPORT, ALTERATION, AND/OR TAMPERING OF YOUR INHALE HEALTH PRODUCTS, THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM IN GOOD FAITH. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT. This provision is intended to encompass all disputes or claims arising out of Your relationship with Inhale Health, arising out of or relating to the purchase of any products by You from Inhale Health, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. Notwithstanding, nothing contained in this arbitration provision shall preclude Inhale Health from bringing claims concerning the unauthorized resale, export, alteration, and/or tampering of any product purchased by You, in state or federal court. All claims will be resolved by binding arbitration where permitted by law. The arbitration of any dispute or claim shall be conducted by one neutral arbitrator in accordance with the rules and regulations of American Arbitration Association (“AAA”). You and Inhale Health agree that the purchase of a product from Inhale Health evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. Unless Inhale Health and You otherwise agree in writing, the location of any arbitration shall be Los Angeles, California. Except where prohibited by law, Inhale Health and You agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Any notice to be provided under this provision by You must be sent, by mail, to the attention of Inhale Health, attention General Counsel, at 135 S. Beverly Drive Beverly Hills, California 90212.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, YOU WAIVE YOUR RIGHT TO PURSUE ANY CLAIM OR DISPUTE ON A CLASS WIDE BASIS OR TO JOIN YOUR CLAIM OR DISPUTE WITH ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHLAF OF ANY OTHER PARTY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE THE RIGHT TO TRAIL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
Choice of Law
The terms and provisions of this Agreement shall be construed under the laws of Delaware, USA without regard to its choice of law rules, except for the arbitration provision contained in this Agreement, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where You reside, or where You use or pay for the products purchased by You.
Automatic Renewal; CANCELLATION
Depending on which purchase option You select, You agree and understand that You may be agreeing to enter into a subscription which will automatically renew monthly until canceled by You. If You do not wish to continue Your subscription, You may cancel at any time in accordance with the cancellation policy set forth herein.
Subscriptions will renew automatically every 30 days. If You wish to cancel Your subscription and not be billed then You agree that You must cancel Your subscription no later than 3 calendar days before the billing renewal date by logging into Your customer dashboard by clicking the “login” link available on http://www.inhalehealth.com, and choosing the cancel option. Cancellations received less than three calendar days prior to the next scheduled payment will take effect in the following Subscription period.
In order for Us to complete Your order in an expeditious manner, You must provide current, complete, and accurate information for Your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep Your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify Us if Your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service.
We reserve the right to refuse or discontinue the supply of the Product to any user at any time at Our sole discretion.
Inhale Health reserves the right to change and/or modify any or all of the provisions contained in this Agreement at any time and in its sole discretion. This Agreement and any changes or amendments made to this Agreement at any time shall be binding on all Customers once posted on Inhale Health’s official web site www.inhalehealth.com If any terms and conditions contained in this Agreement is deemed illegal, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of electronic apparatuses.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Limit on Purchase of Products
Inhale Health’s website is for use by individuals 18 years of age or older. We will not knowingly collect personal information from anyone under the age of 18. Individuals under 18 years of age are not permitted to use our website or even submit their personal information at our official web site. It is possible that the products purchased on our web site may be purchased for family use and may be used by children under the age of 18 without the knowledge of Inhale Health. If that happens, any information collected from the usage will appear as the personal information of the adult purchaser.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Inhale Health LLC's principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.