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.
By accessing or using the site located at https://www.inhalehealth.com/ (“Site”) in any way (including using the resources available or enabled via the Site, checking a box or using any other consent protocol presented on our Site to indicate your assent to this Agreement, and/or completing the registration process, you hereby represent that (1) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at www.inhalehealth.com/termsconditions, (2) you are of the legal age 21 years old and over in the jurisdiction in which you reside to form a binding contract with Inhale Health, and (3) you have the authority to enter into the Agreement. If you do not agree to be bound by the Agreement, you may not access or use the Site.
Use of Site
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for items for personal use that are sold on the Site and not for purposes of resale or any other commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement may result in the immediate revocation of the license granted in this paragraph without notice to you. Except as permitted above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates this Agreement, applicable law or is harmful to our interests. You agree not to upload, distribute, or publish any content or material through this Site that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, or other harmful code or properties. Submissions or opinions expressed on this Site are that of the individual expressing such submission or opinion and may not reflect our opinions. We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You will be responsible for all access to and use of this Site by anyone using your password and login name, including all communications and obligations incurred, whether or not such access was actually approved by you. You are responsible for protecting the security and confidentiality of the password and identification assigned to you. Please notify us immediately of any unauthorized use of your password or identification or any other breach or threatened breach of this Sites security.
Review and Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, you agree that we have the right to use anything that you submit or post to the Site and/or provide us, including without limitation, ideas, questions, reviews, comments, and suggestions (collectively, “Submissions”). You hereby grant us the royalty-free, worldwide, perpetual, irrevocable, sublicenseable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, reverse-engineer, disassemble, or create derivative works from such Submissions by any means and in any form. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also hereby grant us the right to use the name that you submit with any review, comment, or other content in connection with such review, comment, or content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You agree not to use a false email address, pretend to be someone other than yourself, or mislead us or any third parties in regards to the origin of any Submissions or content. We have the right to remove or edit any Submissions for any reason.
The contents, features and functionality of this Site, including without limitation all text, images, graphics, publications, video, audio clips, design and software, and the selection, assembly and arrangement of such items (collectively, “Content”), belongs exclusively to Inhale Health or its affiliates (or its licensors) and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This Agreement permits you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; and (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes only. The use of any of our copyrights, trademarks, service marks, patents, trade secrets, and other intellectual property without our express written consent is strictly prohibited. Using the Site, does not give you any right, title or interest in any of the Content or other intellectual property owned (or licensed) by Inhale Health or its affiliates, and all right not granted herein are expressly reserved by Inhale Health
Payment Terms and Monthly Subscription Plan
You agree to pay all fees charged to your account based on the charges and billing terms in effect as shown on the payment page on the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase and you authorize Inhale Health or the third-party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card, PayPal, Apple Pay, or other valid form of payment accepted by Inhale Health as may be updated from time to time (“Payment Method”) in advance prior to shipping any products. You can update your Payment Method information at https://www.inhalehealth.com/account. We may also update your Payment Method information using information provided by the card networks or other payment service providers. For example, if your card number changes as a result of expiration or a lost or stolen card, we may continue to charge any replacement card number associated with your payment account. Following any update, you authorize us to continue to charge the applicable payment account(s). You remain responsible for any uncollected amounts. If your Payment Method cannot be charged for any reason, Inhale Health reserves the right to attempt to charge your preferred Payment Method again, charge any other valid Payment Method associated with your account, suspend further product shipments until you provide a valid Payment Method, cancel any affected shipments, or terminate your Subscription. All sales and payments will be in US Dollars. 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).
IMPORTANT NOTICE: MONTHLY SUBSCRIPTION PLAN FEES WILL BE AUTOMATICALLY CHARGED TO YOUR PAYMENT METHOD ON FILE EACH MONTH.
SUBSCRIPTION MODIFICATION OR CANCELLATION. You may modify or cancel your Subscription at any time by logging on to your account within www.inhalehealth.com/account. To modify or cancel a Subscription, please log in to your account on the Site and edit your subscription by clicking “skip”,”cancel subscription”, “unsubscribe” or other similar options that may be offered at a later date.
Text Message Communications
This Site can be accessed from countries other than the United States, but may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
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.
You agree to indemnify and hold harmless Inhale Health, its affiliates, and their respective officers, directors, employees, and agents (the “Indemnified Parties” ) from any and all liabilities, claims, expenses and damages, including reasonable attorneys’ fees and costs, arising out of or in any way related to your breach of this Agreement, your use of the Site or in connection with your account or any other person's use or access to your account, with or without your permission. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, intentional or reckless misconduct, fraud, deception, false promise, misrepresentation or omission of any material fact in connection with the Site. You agree that the provisions in this Section will survive any termination of your account, this Agreement, or your access to the Site.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
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.
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.
Limitation of Liability
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 BEHALF 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 TRIAL 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.
Third Party Services
From time to time, Inhale Health may provide you with access to, use or enable certain third party software, products or services (collectively, “Third Party Services”). As a result, you also agree to be bound by any additional terms applicable to the Third Party Services. For example, Inhale Health has implemented a Google Maps API Implementation within the Site. Your use of the Site is subject to, and you hereby agree to, Google’s Terms of Service, as they may be amended by Google from time to time
- Severability/Waiver. 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.
- Our Address. Please direct any questions, comments or suggestions regarding this Site to: Inhale Health LLC., 6230 Wilshire Blvd. #1149, Los Angeles, California 90048 or email support@inhalehealth.
- Notice. Where Inhale Health requires that you provide an email address, you are responsible for providing Inhale Health with your most current email address. In the event that the last email address you provided to Inhale Health is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Inhale Health dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Inhale Health at the following address: 6230 Wilshire Blvd. #1149, Los Angeles, California 90048. Such notice shall be deemed given when received by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
- Procedure for Making Claims of Copyright Infringement. It is the Inhale Health’ policy to terminate privileges of any user who repeatedly infringes copyright upon prompt notification to Inhale Health by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Sites in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Site of the material that you claim is infringing; (d) your address, telephone number and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: Attn: Copyright Agent, Inhale Health, 6230 Wilshire Blvd. #1149, Los Angeles, California 90048.
- Electronic Communications. The communications between you and Inhale Health use electronic means, whether you visit the Site or send us emails, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you (1) consent to receive communications from Inhale Health in an electronic form, and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Inhale Health provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights.
- Entire Agreement. This Agreement is the final complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter
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.