EXHALE

Terms and Conditions

Terms and Conditions

Minor Compliance

Exhale Supply will not sell any tobacco/nicotine-related products to anyone under the age of 18, nor will it sell tobacco products itself. Exhalesupply.com cannot be held responsible for minors purchasing tobacco/nicotine-related products with a guardian credit card. By using the Site, you agree that you are at least 18 years of age.

1. General Statement / Website Terms Of Service

The exhalesupply.com website, and all related content, mobile applications, and associated services (collectively the “Website”), is a service owned and operated by Exhale Supply. (“Exhale Supply,” “Exhale,” “us,” or “we”). Exhale Supply has adopted these Terms of Service to inform you of your rights and obligations when using the Website and/or when purchasing any Exhale Supply products or goods (“Products”) (“Terms of Service” or “Terms”). Your use of the Website, and/or your purchase of any Products constitutes your agreement to the following Terms of Service. If you do not agree to these Terms of Service you may not use the Website or purchase our Products from the websites.

Exhale Supply may, and reserves the right, to from time to time modify, limit, change, discontinue, or replace the Website and these Terms of Service at any time. In the event Exhale Supply modifies, limits, changes, or replaces the Website or these Terms of Service, your continued use thereafter constitutes your agreement to such modification, limitation, change, or replacement. In particular, certain features of the Website may not yet be implemented and references to such features may not be applicable until such implementation.

It is your responsibility to review these Terms of Service on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements.

Exhale Supply limits the purchase of its product via its Website or any other communication methods you’ve used to place an order with us to individuals that are 18 years of age or older. You warrant and agree that you are 18 years of age or older. It is your responsibility to check and understand the local laws in your jurisdiction regarding the legal purchasing age in order to purchase from or access our Website. Exhale Supply does not warrant or guarantee that compliance with these Terms of Service will be sufficient to comply with your obligations under applicable laws where you reside or where you use the Website.

Please read these Terms of Service carefully to ensure that you understand each provision.

2. Eligibility, Safety Acknowledgment, And Registration For An Account

This is a contract between you and Exhale Supply. You must read and agree to these terms before using the Website. If you do not agree, you may not use the Website to register for an account. You may use the Website only if you can form a binding contract with Exhale Supply, and only in compliance with these Terms and all applicable local, provincial, federal and international laws, rules and regulations. Any use of an account via the Website by anyone under 18 years of age is strictly prohibited and in violation of these Terms.

Our Website contains age-regulated products, which may include minimum purchasing and usage age requirements. We take the prevention of underage use very seriously. JUUL and all other nicotine products should never be used by anyone under the legal age. We may use extra steps to confirm your age to completely verify that you are 18 years or older. Only persons who are 18 or older and that have been age-verified can purchase products and participate in any promotions or offers from the Website. Due to age-restriction laws and regulations, we may use your provided information to conduct age verification for your purchases and may deny or cancel your purchases due to such regulations.

Additionally, no nicotine product should be considered safe. If you have any health concerns about the use of JUUL or any other product, we recommend that you consult with your physician. Inhalation of e-vapor from any products offered by our site may aggravate existing respiratory conditions and ingestion of nicotine may cause other conditions (such as an increase in your heart rate and blood pressure and cause dizziness, nausea, and stomach pain). If you do not currently use nicotine-containing products, we recommend that you do not start.

3. Termination Of Account

We reserve the right to restrict access to, suspend, disable, terminate, and/or delete your account/order for any reason that we deem necessary, or for no reason. In the event your account/order is suspended, disabled, terminated, or deleted, your only option is to request reinstatement of your account by contacting Exhale Supply via the Contact Form. You may not open alternate accounts/orders.

5. Electronic Communication – Marketing Communication

By providing your email address and subscribing to the Exhale Supply Newsletter, you are representing you are of legal age to receive such communications and will receive electronic communications and exclusive offers. These exclusive offers may be unavailable depending on your federal, provincial and local regulations. All offers are Void Where Prohibited. Our product materials are not intended to imply that the products have been evaluated by Health Canada or any other regulatory authorities. Our products are not intended to diagnose, treat, cure, or prevent any disease.

The email address provided will be used solely by Exhale Supply and will not be sold to, shared with, or otherwise disclosed to other parties, except as permitted under our Privacy Policy. You can choose to stop receiving these offers at any time by filling out an unsubscribe request, using the unsubscribe option on communications, or contacting us using the contact information on the website.

6. Communications With Exhale Supply

Customers and visitors are encouraged to forward comments or other communications to us in the ways we offer customer support.

By submitting content through the Website, you represent and warrant that:

  • You are the sole author and owner of all intellectual property and other content you may post;
  • You will not submit or transmit any content that is false, inaccurate or misleading or contains prohibited product or therapeutic claims;
  • you will not submit or transmit content through the Website that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable;
  • your content does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”; and
  • you will not use a false e-mail address, impersonate a third-party person or entity, or otherwise mislead Exhale Supply as to the origin of a communication.

Communications violating the restrictions in this section shall constitute a violation of these Terms of Service, and may result in the termination of your account at the sole discretion of Exhale Supply

Any material or communication transmitted by you to or through the Website will not be treated as confidential. By submitting any content through the Website, you grant us a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use that content for any purposes, including, without limitation, a license to reproduce, prepare derivative works, distribute, perform publicly, transmit, broadcast, and display the content, and you waive any moral rights you may have in this content. Any ideas, concepts, or other materials transmitted by you through the Website may be used by Exhale Supply in any manner, including reproduction, transmission, publication or broadcast without compensation. We have the right, at our sole discretion, to edit or refuse to post content submitted by you. The provisions of this paragraph will survive the termination of these Terms of Service and for the maximum period permitted under applicable law.

7. Payment

You agree to pay Exhale Supply for the amount set out as the ‘TOTAL’ in the order summary of the payment step (“Fee”) for all purchase orders you place through the Website. In the case of a subscription plan for automatic shipments, the Fee will consist of a Subscription Fee which will be charged automatically on a monthly basis.

By providing your selected payment method, you authorize Exhale Supply (through its payment provider) to charge the applicable card or method for the Fee and you represent and warrant that you are the cardholder or account holder. If your payment method is rejected by your card issuer or account provider, Exhale Supply will have no obligation to fulfill your order.

In the case of a subscription plan, you authorize Exhale Supply (through its payment provider) to charge your selected payment method for the Fees associated with your subscription plan on a monthly basis unless you provide notice that you no longer wish to receive the subscription plan or the subscription plan is terminated in accordance with these Terms. If the Fees associated with a particular subscription plan change and you are already subscribed to that plan, Exhale Supply will give you advanced notice of these changes. If you do not expressly agree to the change in the Fees associated with your subscription plan, your subscription plan will be terminated.

Except where noted otherwise, the prices displayed for Exhale Supply products represent the full retail price listed on the product itself. All prices are quoted and payable in Canadian dollars, regardless of where an order is placed or shipped.

Your purchases may also be subject to sales tax, goods, and services tax, harmonized sales tax, or any other taxes or duties at the point of sale where applicable. Payment of taxes and duties due are your responsibility unless such sales taxes or duties are collected by Exhale Supply at the time of your purchase, in which case Exhale Supply will submit your taxes and/or duties to the appropriate authority on your behalf. Exhale Supply shall not be responsible for failure to pay taxes or duties you owe unless Exhale Supply has collected such taxes or duties at the time of the purchase.

In the event that you dispute the amount or validity of any Fee made to Exhale Supply through the Website, you must notify Exhale Supply in writing, within ten days of payment, of any such dispute by mail or by email at the address or email address listed below. Except where prohibited, you expressly agree that your failure to notify Exhale Supply of any dispute within ten days of payment will constitute your express waiver of any claims related to the disputed Fee.

12. Compliance With Law; Indemnification

You agree that your use of any Products and/or Exhale Supply services will comply at all times with all applicable laws and regulations, in all relevant jurisdictions, including without limitation laws and regulations related to product use; resale; and marketing, advertising, and/or other forms of promotion.

You agree to indemnify, defend, and hold harmless Exhale Supply and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable legal fees and expenses), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any Exhale Supply Products or services, or the Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein or your obligations under this Section 12; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code.

WAIVER OF CLASS ACTION RIGHTS

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHTS YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR ANY SIMILAR PROCEDURAL DEVICE. ANY CLAIMS WHICH MAY ARISE AS A RESULT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

8. Counterfeiting

The fight against unauthorized sales and counterfeiting is a long-term commitment to quality and service that is taken seriously by Exhale Supply. We advise consumers to be cautious when purchasing products from unauthorized resellers as the quality, reliability and safety of these products is uncertain and in some cases, may expose the user to serious dangers not encountered with genuine products we receive from our wholesalers.

If we sell a counterfeit product to you, please provide us with proof and your order number, and we will provide the relevant compensation.

Warranty

Product purchased from Exhalesupply.com come with no warranty.

Cancellation of Future Deliveries

You are always free to cancel or modify any future deliveries on Exhale Supply with the backorder function.

9. Third Party Links

The Website may contain links to third-party websites. Exhale Supply does not intend these links to be viewed as an endorsement of those websites or their content. If you decide to access third-party websites, you do so at your own risk. Different terms of use may apply to any third-party website.

10. Privacy Statement

We care about your privacy. Please contact us for more information in regard to our privacy policy.

11. Trademarks and Copyrights

This website contains trademarks, service marks, logos, text, software, files, graphics, photos, images, designs, music, videos, and data that are the intellectual property of our company and its affiliates or licensors. This website may also include third-party trademarks, service marks, logos, text, software, files, graphics, photos, images, designs, music, videos, and data. Such trademarks, service marks, logos, text, software, files, graphics, photos, images, designs, music, videos, and data are the property of their respective owners, and you will not use them in any way without the prior permission of the owner. I agree. This website and all content are protected by copyright and other laws in Canada and all other countries.

The Website and related content is provided for informational purposes only. Your use of the Website is at your sole risk. The Website is provided on an “as is” and an “as available” basis. Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, we do not guarantee the accuracy of any content. The material contained on the Website may contain inaccuracies and typographical errors.

With respect to the mobile application and any ability to view your usage and set usage alerts, we cannot guarantee that the features are fully accurate, correct or will be capable of being accessed at all times. The content, information or services provided through the mobile application are not intended to, and should not be, relied upon as or replace any medical or medicinal product or service.

You agree that we have no duty to screen content that is provided to the Website by you or others, nor are we liable for such content. We have the right, at our sole discretion, to refuse to post or edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the Website and may be made at any time period. If you download any materials from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.

13. Disclaimers Of Warranty 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES AND CONDITIONS, SO THE FOLLOWING EXCLUSIONS MAY NOT APPLY TO YOU. EXHALE SUPPLY PRODUCTS AND SERVICES, AND THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE FOREGOING IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT COVERED UNDER THE APPLICABLE PRODUCT WARRANTY, EXHALE SUPPLY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER RELATED TO USE OF THE WEBSITE OR EXHALE SUPPLY PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXHALE SUPPLY OR THROUGH ANY EXHALE SUPPLY PRODUCT OR SERVICE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, EXHALE SUPPLY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT OR ANY INFORMATION ON THE WEBSITE IS OR WILL BE COMPLETE, ACCURATE, ADEQUATE, RELIABLE, USEFUL, TIMELY, OR CORRECT; THAT THE EXHALE SUPPLY PRODUCTS AND SERVICES, AND THE WEBSITE, WILL MEET YOUR REQUIREMENTS OR BE FREE FROM DEFECTS, INCLUDING PRODUCT OR DEVICE LEAKING; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE EXHALE SUPPLY PRODUCTS OR SERVICES, OR THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.

EXHALE SUPPLY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND EXHALE SUPPLY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

14. Miscellaneous

If you are a retailer, additional or different terms may apply to you (including in relation to purchase orders, cancellations, returns, etc.), as discussed or agreed to between you and Exhale Supply.

Severability: A finding that any term or provision of these Terms of Service is invalid or unenforceable will be removed from these Terms of Service and will not affect the validity or enforceability of the remaining Terms of Service.

Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Exhale Supply without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver by Exhale Supply of any breach of this Agreement is effective unless in writing.

You agree that these Terms of Service, the Privacy Policy, and our Warranty, which are incorporated by reference, constitute the entire agreement between you and Exhale Supply with respect to the Website and your relationship with Exhale Supply and that there are no further understandings, agreements, or representations with respect to the Website that are not specified in these Terms of Service. All notices required or permitted under these Terms of Service shall be made in writing by email to: [email protected]