Please carefully read the following Terms of
Use before using the exhale.ae website (the “Site”). By accessing this Site,
you agree to be bound by these Terms of Use. We reserve the right, in our
sole discretion, to change these Terms of Use at any time by posting revised
terms on the site. It is your responsibility to check periodically for any
changes we may make to these Terms of Use. Your use of the Site following any
such change constitutes your agreement to follow and be bound by the terms
as changed. If at any time you do not agree to these Terms of Use, please do not
use this Site.
This Web site is operated by EXHALIST LLC or for one
of the limited liability companies, referred to collectively as “Site
Operator.” Throughout the site, the terms “we”, “us” and “our” refer to
SITE OPERATOR. SITE OPERATOR offers this Web site, including all information,
tools and services available from this site, to you, the user, conditioned
upon your acceptance of all the terms, conditions, policies and notices stated
here. Your continued use of this site constitutes your agreement to these
Terms of Use.
The information on the Site may contain
typographical errors or inaccuracies and may not be complete or current. Please
note that such errors, inaccuracies or omissions may relate to product
description, pricing, product availability or otherwise. We are not responsible
if information made available on this site is not accurate, complete or
current. The material on this site is provided for general information only and
should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more timely sources
of information. Any reliance on the material on this site is at your own
risk. This site may contain certain historical information. Historical
information necessarily is not current and is provided for your
reference only. SITE OPERATOR therefore reserves the right to correct any
errors, inaccuracies or omissions and to change or update information at any
time with or without prior notice (including after you have submitted your
order), but we have no obligation to update any information on the site. You
agree that it is your responsibility to monitor changes to the site.
We apologize for any inconvenience this may cause.
If you are not fully satisfied with your purchase you may return it in its
original condition, with the original packing receipt within 14 days of
the order date, subject to compliance with all other terms and conditions of
SITE OPERATOR’s Return Policy. Please refer directly to that policy for
additional information.
The information on this site does not constitute
a binding offer to sell products described on the site or to make such products
available in your area. We reserve the right at any time after receipt of
your order to accept or decline your order, or any portion thereof, in our sole
discretion, even after your receipt of an order confirmation or after your
credit card has been charged. You may not purchase any item from this site for
resale by you or any other person, and you may not resell any item
purchased from this site. The prices displayed on the site are quoted in U.S.
dollars. In the event a product is listed at an incorrect price, we have
the right to refuse or cancel orders placed for the product listed at the
incorrect price, regardless of whether the order has been confirmed or
your credit card charged. If your credit card has already been charged for the
purchase and your order is canceled, we will issue a credit to your credit
card account.
Unless otherwise noted, all materials, including
images, illustrations, designs, icons, photographs, video clips, music, and
written and other materials that appear as part of this Site
(collectively, the “Contents”) are copyrights, trademarks, trade dress and/or
other forms of intellectual property owned, controlled and/or used under
license or with other legal authority by SITE OPERATOR. The Site as a whole is
protected by copyright and trade dress, all worldwide rights, titles and
interests in and to which are owned by SITE OPERATOR. Nothing on this site
shall be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any trademark, logo or service mark displayed on
the site without the owner's prior written permission, except as otherwise
described herein.
The Contents of the Site, and the Site as a
whole, are intended solely for personal, non-commercial (other than for the
purchase of merchandise from the Site) use by the users of the Site. You
may not reproduce, publish, transmit, distribute, display, modify, create
derivative works from, sell or participate in any sale of, or exploit in
any way, in whole or in part, any of the Contents, the Site, or any related
software.
You may not use contact information provided on
the site for unauthorized purposes, including marketing. You may not use any
hardware or software intended to damage or interfere with the proper
working of the site or to surreptitiously intercept any system, data or
personal information from the site. You agree not to interrupt or attempt
to interrupt the operation of the site in any way. SITE OPERATOR reserves the
right, in its sole discretion, to limit or terminate your access to or use
of the site at any time without notice. You are personally liable for any
orders that you place or charges or other liabilities that you incur prior
to termination. Termination of your access or use will not waive or affect any
other right or relief to which SITE OPERATOR may be entitled, at law or in
equity.
All comments, feedback, postcards, suggestions,
ideas, and other submissions disclosed, submitted or offered to SITE OPERATOR
on or by this Site or otherwise disclosed, submitted or offered in
connection with your use of this Site (collectively, “Comments”) shall be and
remain the sole property of SITE OPERATOR. Such disclosure, submission or
offer of any Comments shall constitute an assignment to SITE OPERATOR of any
and all worldwide rights, titles and interests in all copyrights and other
intellectual properties in the Comments. Thus, SITE OPERATOR shall own
exclusively all such rights, titles and interests and shall not be limited
in any way in its use, commercial or otherwise, of any Comments. Without
limiting the foregoing, SITE OPERATOR is and shall be under no obligation
(1) to maintain any Comments in confidence; (2) to pay to you or any other
person or entity any compensation for any Comments; or (3) to respond to
any Comments.
You agree, represent and warrant that no
Comments submitted by you to the Site will violate any right of any third
party, including copyright, trademark, privacy or other personal or
proprietary right(s). You further agree that no Comments submitted by you to
the Site will contain libelous or otherwise unlawful, abusive or obscene
material. You are, and shall remain, solely responsible for the content of any
Comments you make.
You agree that SITE OPERATOR may use and/or
disclose information about your demographics and use of the Site in any manner,
subject to the terms of SITE OPERATOR's Privacy Policy. Without limiting
the foregoing, you agree that SITE OPERATOR may use your information for
marketing and promotional purposes.
Some features that may be available on this Site
require registration. By registering at and in consideration of your use of the
site you agree to provide true, accurate, current and complete information
about yourself.
Some features on this site require use of a
password. You are responsible for protecting your password. You agree that you
will be responsible for any and all statements made, and acts or omissions
that occur, through the use of your password. If you have any reason to believe
or become aware of any loss, theft or unauthorized use of your password,
notify SITE OPERATOR immediately. SITE OPERATOR may assume that any
communications SITE OPERATOR receives under your password have been made
by you unless SITE OPERATOR receives notice otherwise.
You or third parties acting on your behalf are
not allowed to frame this site or use our proprietary marks as meta tags,
without our written consent. These marks include, but are not limited to, exhale
and related marks. You may not use frames or utilize framing techniques or
technology to enclose any content included on the site without SITE
OPERATOR ‘s express written consent. Further, you may not utilize any site
content in any meta tags or any other “hidden text” techniques or
technologies without SITE OPERATOR’s express written consent.
You agree that SITE OPERATOR may send electronic
mail or other communications to you for the purpose of advising you of changes
or additions to the Site, about any of SITE OPERATOR's products or
services, or for such other purpose(s) as SITE OPERATOR deems appropriate.
Please see SITE OPERATOR's Privacy Policy.
Most products displayed at the Site are
available while supplies last. In some cases, merchandise displayed for
sale at the Site may not be available. Currently, exhale is shipping goods worldwide
but based in Dubai thus prices are are quoted in AED Dirhams.
We have made efforts to display accurately the
colors of products that appear at the Site. However, as the actual colors you
see will depend on your monitor and/or other technological circumstance,
we cannot and do not guarantee that your monitor's display of any color will be
accurate.
To the extent that the Site contains links to
outside services and resources, the availability and content of which SITE
OPERATOR does not control, any concerns regarding any such service or
resource, or any link thereto, should be directed to the particular outside
service or resource. We have not necessarily reviewed all the information
on those other sites and are not responsible for the content of those or any
other sites or any products or services that may be offered through those
or any other sites. Inclusion of links to other sites should not be viewed as
an endorsement of the content of linked sites. Different terms and
conditions may apply to your use of any linked sites. SITE OPERATOR is not
responsible for any losses, damages or other liabilities incurred as a
result of your use of any linked sites.
THIS SITE AND ALL CONTENTS OF THE SITE ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
AND ANY WARRANTIES THAT THE MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS
WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT
ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL
BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE
VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR
TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR
OWN DISCRETION AND RISK. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR
USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ANY LOSS OF DATA OR DAMAGE TO YOUR
COMPUTER SYSTEM, INCLUDING ALL NECESSARY SERVICING OR REPAIRS OF ANY
EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT
NEITHER SITE OPERATOR NOR ANY OF ITS AGENTS OR AFFILIATES SHALL BE LIABLE FOR
ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
Any dispute relating in any way to your visit to
the Site or to the products you purchase through the Site shall be submitted to
confidential arbitration in UAE, except that to the extent you have in any
manner violated or threatened to violate our intellectual property rights,
we may seek injunctive or other appropriate relief in any country or
federal court in the world. You hereby consent to, and waive all defenses of
lack of personal jurisdiction and forum non-convenient with respect to
venue and jurisdiction in country and federal courts of UAE. Arbitration under
these Terms of Use shall be conducted pursuant to the Commercial
Arbitration Rules then prevailing at the American Arbitration Association. The
arbitrator's award shall be final and binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this Agreement shall be
joined to an arbitration involving any other party subject to this Agreement,
whether through class action proceedings or otherwise. Arbitration shall
proceed solely on an individual basis without the right for any claims to be
arbitrated or otherwise pursued on a class action basis or on bases
involving claims brought in a purported representative capacity on behalf of
others. YOU AND SITE OPERATOR AGREE THAT ANY CAUSE OF ACTION AGAINST US
ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY IRREVOCABLY WAIVE ANY
AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR USE OF THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL
RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT
ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE
SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND
AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE
IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE
AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER
SITE OPERATOR NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS
WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY
RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE
OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS
YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR
ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH
THE SITE, SITE OPERATOR'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED
OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SITE
OPERATOR, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY
DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE
FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT,
DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD
OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT NEITHER SITE OPERATOR NOR ITS SUPPLIERS SHALL
BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF
THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR
ANY DISPUTE WITH SITE OPERATOR IS TO DISCONTINUE YOUR USE OF THE SITE.
You agree to defend, indemnify and hold harmless
SITE OPERATOR and/or any of its affiliates, owners, employees and/or agents
from and against any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related to your use of the Site or
any violation of these Terms of Use. If you cause a technical disruption
of the site or the systems transmitting the site to you or others, you agree to
be responsible for any and all losses, liabilities, expenses, damages and
costs, including reasonable attorneys' fees and court costs, arising or
resulting from that disruption.
This agreement and any policies or operating
rules posted on this site constitute the entire agreement and understanding
between you and SITE OPERATOR with respect to the subject matter thereof
and supersede all prior or contemporaneous communications and proposals,
whether oral or written, between the parties with respect to such subject
matter. A printed version of these Terms of Use shall be admissible in judicial
or administrative proceedings based on or relating to use of the site to
the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. This
Agreement shall be construed in accordance with the laws of the State of New
York, without regard to any conflict of law provisions. If any provision
of this agreement is unlawful, void or unenforceable, the remaining provisions
of the agreement will remain in place.
This Agreement is effective unless and until
terminated by SITE OPERATOR. SITE OPERATOR may terminate this Agreement at any
time and may do so immediately without notice, and accordingly deny you
access to the Site, if in SITE OPERATOR's sole discretion you fail to comply
with any term or provision of this Agreement, or if SITE OPERATOR for any
reason otherwise so decides to terminate. Upon any termination of this
Agreement, you must promptly destroy all materials downloaded or otherwise
obtained from the Site, as well as all copies of such materials, whether made
under the terms of this Agreement or otherwise.