PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of
this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do
not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Canada, United States and other copyright laws, and is the property of XHALE Beauty Lounge. The collective work includes works that
are licensed to XHALE Beauty Lounge. Copyright 2010, XHALE Beauty Lounge ALL RIGHTS
RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with
XHALE Beauty Lounge or purchasing XHALE Beauty Lounge products. You may display and,
subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the
different areas of the site solely for your own non-commercial use, or to place an order with XHALE Beauty Lounge or
to purchase XHALE Beauty Lounge products. Any other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly prohibited, unless authorized by XHALE Beauty Lounge.
You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of XHALE Beauty Lounge used in the site are trademarks or registered
trademarks of XHALE Beauty Lounge.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, XHALE Beauty Lounge disclaims all warranties, express or
implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
XHALE Beauty Lounge does not represent or warrant that the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful
components. XHALE Beauty Lounge does not make any warrantees or representations regarding the use of the materials in
this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply to you.
XHALE Beauty Lounge shall not be liable for any special or consequential damages that result from the use of, or the
inability to use, the materials on this site or the performance of the products, even if XHALE Beauty Lounge has been
advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
In the event that a XHALE Beauty Lounge product is mistakenly listed at an incorrect price, XHALE Beauty Lounge reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price. XHALE Beauty Lounge reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your
order is cancelled, XHALE Beauty Lounge shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms
and conditions, or any part of them, may be terminated by XHALE Beauty Lounge without notice at any time, for any
reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive
any termination.
XHALE Beauty Lounge may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable
method to the address you have provided to XHALE Beauty Lounge.
Your use of this site shall be governed in all respects by the laws of the province of British Columbia, Canada, without regard to choice of law
provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site
(including but not limited to the purchase of XHALE Beauty Lounge products) shall be in the provincial or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of XHALE Beauty Lounge products) must be commenced within one (1) year after the
claim or cause of action arises. XHALE Beauty Lounge’s failure to insist upon or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. XHALE Beauty Lounge may assign its rights and duties under this Agreement to any party at any time without notice to
you.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a XHALE Beauty Lounge or other licensed employee, host, or representative, as well
as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which
is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You
may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service
or other organization.
XHALE Beauty Lounge does not and cannot review all communications and materials posted to or created by users
accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing
you with the ability to view and distribute user-generated content on the site, XHALE Beauty Lounge is merely acting
as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.
However, XHALE Beauty Lounge reserves the right to block or remove communications or materials that it determines to
be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise unacceptable to XHALE Beauty Lounge in its sole
discretion.
You agree to indemnify, defend, and hold harmless XHALE Beauty Lounge, its officers, directors, employees, agents,
licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable
attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or
wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, XHALE Beauty Lounge may link to sites operated by third
parties. However, even if the third party is affiliated with XHALE Beauty Lounge, has no control over these linked sites, all of which have
separate privacy and data collection practices, independent of XHALE BEAUTY LOUNGE. These linked sites are only for your convenience and therefore
you access them at your own risk. Nonetheless, XHALE Beauty Lounge seeks to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).