Terms and Conditions
Last revised March 2, 2017
INFORMATION ABOUT US AND THESE TERMS
These terms and conditions (“Terms”) contain important information about your rights, obligations and the restrictions that apply when you use this website at www.exhalenow.com (the “Site”), and when you order use our Service. Please read these Terms carefully.
In this Site:
“Inspirotec,” “we,” “us,” or “our” refers to Inspirotec, Inc., a Delaware corporation
“you,” or “your” refers to you, as the user of the Site or our Service
“Service” refers to your use of the Exhale collection kit, our analysis of the test strip from your Exhale kit, any information and materials exchanged between you and us in connection with any survey or dashboard, and any other communication, transaction or interaction between you and us or any person working with us (including nurses who staff the nurse’s line)
These Terms consist of the following:
- USE OF THE SITE
- TERMS OF SALE
- LIMITED WARRANTY AND LIMITATION OF LIABILITY
This Site and our Service are available only to users who agree to these Terms. Your accessing, browsing, or using the Site, or placing an order for our Service, will constitute your agreement to these Terms (as amended or revised from time to time), which are legally binding on you.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE OR ORDER ANY SERVICES.
We may amend revise any of these Terms at any time by posting the new Terms on the Site but without any other notice to you. The updated or amended Terms will be effective from the time we post them on the Site. You should review the Terms Agreement every time you use the Site or place an order for our Service.
USE OF THE SITE
Use of this Site is limited only to persons located within the United States. This Site and our Services may not be appropriate or available to persons outside the United States.
YOU AGREE AND UNDERSTAND THAT THIS SITE AND SERVICES AVAILABLE FROM INSPIROTEC DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. INSPIROTEC IS NOT A MEDICAL OR NURSING PRACTICE AND DOES NOT PROVIDE MEDICAL OR NURSING ADVICE, DIAGNOSIS, OR TREATMENT. YOU MUST SEEK DIAGNOSIS, TREATMENT AND ADVICE FROM QUALIFIED PROVIDERS BASED ON YOUR CONDITION AND PARTICULAR CIRCUMSTANCES.
You may use this Site and our Service only for personal, noncommercial purposes and only in compliance with applicable laws and regulations. You may not use this Site for commercial purposes without our prior written consent.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY FOR USE OF SITE
THIS SITE IS PROVIDED WITH ALL FAULTS, AS IS AND AS AVAILABLE.
INSPIROTEC, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND ADVERTISERS MAKE NO REPRESENTATION OR WARRANTY AND HEREBY DISCLAIM, WHETHER IMPLIED OR STATUTORY, ANY REPRESENTATION OR WARRANTY REGARDING THIS SITE, INCLUDING:
ANY WARRANTY OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE
ANY WARRANTY OF TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT
ANY WARRANTY OR ASSURANCE REGARDING: FUNCTIONALITY, PRIVACY, SECURITY, ACCURACY, AVAILABILITY, INTERRUPTION, VIRUSES OR OTHER HARMFUL CODE OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF CONTENT.
YOU BEAR ALL RISK IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING WITH RESPECT TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY. ANY CONTENT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK.
YOU MAY NOT RELY, AND INSPIROTEC WILL NOT BE LIABLE FOR YOUR RELIANCE, ON ANY INFORMATION OR OPINIONS EXPRESSED ON THIS SITE. ANY OPINION OR INFORMATION PRESENTED ON THE SITE IS FOR YOUR CONVENIENCE ONLY AND WILL NOT CREATE ANY WARRANTY OR OTHER AGREEMENT THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
INSPIROTEC, OUR AFFILIATES, LICENSORS, SUPPLIERS, OR ADVERTISERS SHALL NOT BE LIABLE FOR, AND YOU CANNOT RECOVER, ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OR LOST PROFITS) RESULTING OR ARISING FROM OR CAUSED BY THE USE OR INABILITY TO USE THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INSPIROTEC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN CONNECTION WITH YOUR ACCESS OR USE OF THIS SITE, INSPIROTEC WILL BE LIABLE TO YOU ONLY FOR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES YOU INCUR, NOT TO EXCEED ONE HUNDRED DOLLARS ($100.00). THIS IS YOUR EXCLUSIVE REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
By using or accessing the Site, you represent, warrant and agree that you will not:
- disable, overburden or impair the functionality of the Site;
- restrict or inhibit any person from rightfully using the Site;
- transmit, post to, or make available through the Site any virus, worm, Trojan Horse, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
- use any robot, spider, scraper or other automated means to access any portion of the Site;
- reverse engineer, decompile, or disassemble any portion of the Website;
- send spam or any other unauthorized advertisements or solicitations through or using the Site;
- harvest, collect or use addresses, phone numbers or email addresses or other contact information of users of the Site;
- solicit, transmit or post to the Site any private information (including social security numbers, credit card numbers and passwords) from users of the Site or any other content that violates any law or regulation or any other person’s rights;
- impersonate any person or entity, including any moderator or any of our representatives, falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site, or stating or implying that we endorse any statement you make;
- transmit, post to, or make available through the Site any content that Inspirotec considers offensive, intimidating or harassing;
- transmit, post to, or make available through the Site any false, misleading or fraudulent information; or
- do anything else that is illegal, infringing, fraudulent, malicious or could expose Inspirotec or users of the Site to harm or liability.
We utilize a network of writers to provide the content found within the Learn area of exhalenow.com. The views, opinions and positions expressed by the authors and those providing comments on these blogs are theirs alone, and do not necessarily reflect the views, opinions or positions of Inspirotec, Inc., or any employee thereof. We make no representations as to accuracy, completeness, timeliness, suitability or validity of any information presented by individual authors and/or commenters on our blogs and will not be liable for any errors, omissions, or delays in this information or any losses, injuries or damages arising from its display or use.
“User Content” is any information, graphic, text, image, software, sound file, video, communication, data, metadata, photograph, compilation, work in any form or medium, technology and other materials that you or any other user of the Site upload, submit, post, transmit, modify, link, share, store or otherwise make available to or on the Site.
You are responsible for all User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available to the Website. You represent and warrant that you own or control any and all rights in and to the User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available and that public posting and use of that User Content by us will not infringe or violate the rights of any third party in any manner.
You agree that we may publish, sublicense, transfer, transmit, perform, display, store, distribute, reproduce, modify, re-arrange, create derivative works from, and otherwise use all or any portion of your User Content for any purpose related to our business, without liability to you. You also agree that portions of the Site are public, and your use of the Site allows other users to have access to your User Content which they might copy, modify, distribute, or rely upon without your express permission and your risk.
We generally do not monitor, approve or have any control over User Content. However, at any time and without notice, at our discretion we may screen, filter, restrict, block, move, refuse, disable access to, remove, or modify User Content that does not meet the requirements of the Terms. We may also block your access to the Site if we determine in our discretion that you breach your obligations in these Terms, your actions may cause financial loss or legal liability, or that blocking access is reasonable.
THIRD PARTY CONTENT AND LINKS
We may make available links to websites operated by third parties, including advertisers. We also may provide names or contact information of health care providers. We may receive compensation or benefit from doing so.
Making available any link to a website or providing you any health care provider’s name or contact information does not imply endorsement by Inspirotec of that website, or the products or services available through that website or health care provider. Any such links or names are for your reference and convenience only.
Following links to any other websites referred to or linked through this Site, or obtaining goods or services from any person (including any health care provider) mentioned on this Site, is entirely at your own risk. Inspirotec has not examined or approved, and we do not endorse or guarantee, any such goods or services, the use of any such websites, or any opinions or recommendations therein. The person providing those products, services, websites or content are solely responsible for them and any claims you may have with regard thereto are against third parties, not against Inspirotec. Similarly, we do not endorse or guarantee any content of third parties that we post on this Site, and you use or rely on such third party content at your own risk and without liability to Inspirotec.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
Inspirotec and its licensors retain full ownership, rights and protection in all material contained on the Website, including all works of authorship, trademarks and service marks (and all associated goodwill), all patents, all computer code and all know-how, but excluding User Content. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the Site without the prior consent of Inspirotec or the copyright owner, unless otherwise provided in the Terms.
Our marks include the following: Inspirotec™ and Exhale™.
All content of the Site is Copyright 2016 Inspirotec, Inc. and its licensors. All rights reserved.
If you are the owner of a United States copyright and you believe that your work has been copied on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide details of your contention to:
By mail: Inspirotec Inc, 332 S. Michigan Avenue, Ste 1032 #I248, Chicago, IL 60604
By phone: 866-5-Exhale (866-539-4253)
By email: email@example.com
All matters related to the Site, these Terms, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State the agreements herein, are governed by the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of Illinois or any other jurisdiction).
Any suit, action or proceeding arising out of or related to the Site, these Terms shall be instituted exclusively in the federal courts of the United States of the courts of the State of Illinois, in each located in the City of Chicago, Illinois. You waive any objections to exercise of jurisdiction over you by such courts and to venue in such courts. We may file a suit for injunctive or other equitable non-monetary relief in any other jurisdiction.
Any waiver by us of any provision of these Terms shall be in a writing and expressly refer to the provision or right to be waived, signed by an authorized representative of Inspirotec, and any such waiver shall not be deemed a continuing waiver of such provision or a waiver of any other provision, and any failure by us to assert a right under these Terms shall not constitute a waiver thereof.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be modified to the minimum extent necessary to make the provision valid, legal and enforceable. If modification is not possible, such provision shall be deemed stricken and the remaining provisions of these Terms shall continue in full force and effect.
These Terms shall be construed according to their plain meaning and without regard to any rule of construction requiring language to be construed against the person drafting the same.
These Terms contain the entire agreement between you and Inspirotec concerning the subjects covered by these Terms, and supersede all prior agreements, representations and commitments, both written and oral, concerning such subjects, none of which prior matters shall be binding on you or us. No person other than an officer of Inspirotec is authorized to change or vary any provision of these Terms.
TERMS OF SALE
Orders are initiated by customers through the Site. We reserve the right to accept or reject any order. The Service on the Site is available to customers in the continental U.S., Alaska and Hawaii only.
A valid credit card number, expiration date and card security code is required for all purchases. If we are unable to charge the full cost of your purchase to the credit card you provide, we may cancel your order or request an alternate form of payment. Inspirotec’s designated credit card processor will collect your credit card information and related personal information for its use in processing your payment for the products or services ordered by you. Any complaints or grievances regarding the processing of your payment should be addressed to the credit card processor at the contact information given below. You understand that the prices for products and services may be changed from time to time. You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order.
Your Exhale device will be shipped to you by FedEx ground or FedEx 2 Day depending on which shipping method is selected by the customer.
You must return the full Exhale collection kit to us within 30 days after you receive it, using the return shipping label and white shipping box we provided to you. The kit includes the collection device, extension cord and bubble bag.
If we do not receive the full kit from you within the 30-day period, or if it is damaged, we reserve the right to charge your credit card an amount up to $200 for the cost to replace or repair the kit.
LIMITED WARRANTY AND LIMITATION OF LIABILITY
YOU AGREE AND UNDERSTAND THAT THIS SITE AND SERVICES AVAILABLE FROM INSPIROTEC DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. INSPIROTEC IS NOT A MEDICAL PRACTICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU MUST SEEK DIAGNOSIS, TREATMENT AND ADVICE FROM QUALIFIED PROVIDERS BASED ON YOUR CONDITION AND PARTICULAR CIRCUMSTANCES.
In this limited warranty, Inspirotec, Inc. is referred to as “Inspirotec,” “we,” “us” or “our.” The user of our Service is referred to as “you,” or “your.”
Inspirotec’s “Service” refers to your use of the Exhale collection kit, our analysis of the test strip from your Exhale kit, any information and materials exchanged between you and us in connection with any survey or dashboard, and any other communication, transaction or interaction between you and us or any person working with us (including nurses who staff the nurse’s line).
The Exhale device tests for the presence of airborne allergens from the following:
- Pollens: ragweed, timothy grass and birch tree pollen
- Animals & Pests: cat, dog, mouse, cockroach
- Dust mites
The Exhale device samples air which is aimed to be representative of the air in the room in which the device is run for the recommended five days. However, the actual result may depend on the exact local airflow conditions, size of room, air flow in and out of room through doors or windows.
Please note that:
- A positive result for a particular allergen means that the analysis of your test detected particles of one or more allergens covered by the analysis in the air sampled.
- A negative result (indicating that no allergens were detected) does not mean that no allergens are present in your environment, only that the analysis of your test did not detect particles in the particular area in which the Exhale device was placed, or was below the detection limit of the test.
- The Service does not cover all types of allergens, and there may be other airborne allergens present in your environment that the analysis is not designed to detect.
- The amount of allergens in the particular environment may fall below the limit of detection for the test during the time period in which the Exhale device was run. A test result below the limit of detection does not mean that the allergen is absent from the environment at all times.
- The Service does not detect allergens that are not in the air, such as allergens in food or in settled dust.
Inspirotec warrants that during the warranty period the Exhale device will perform as described in this limited warranty and that the Service will detect the types of allergens described in this limited warranty.
The warranty period begins on the date you receive the Exhale device from us and lasts for a period of seven (7) days after you receive the report containing the analysis of your test strip.
This limited warranty extends to the person who ordered the Exhale device and to no other person or entity.
If our System fails to meet the standards of this limited warranty during the warranty period, Inspirotec will – at our sole discretion – either (1) provide you with the use of an Exhale device and perform one new analysis without charge, or (2) refund to you the amount you paid to us for the defective Service.
Exclusions and Limitations
In addition to the limitations described above, Inspirotec’s limited warranty does not cover, and Inspirotec will have no liability or responsibility for:
- Any failure to perform, loss or damage due to transportation, improper use, failure to follow instructions accompanying the Exhale device
- Unauthorized repair or modifications, or external causes such as accidents, abuse, other actions or circumstances beyond our reasonable control
- Detection or analysis of allergens that the System is not intended to detect or any allergen particles that are not in the air that passes through the Exhale device
- Any communications between you and any nurse made available through Inspirotec
Inspritoec does not warrant that the Service will test for or detect all potential allergens, fungi, bacteria and/or viruses in the environmental air. The absence of an allergen, fungus, bacteria and/or virus on a test strip means that during the sampling period no particles of the specific allergens that the Service is designed to detect settled on the test strip or were below the limit of detection of the Service. It does not mean that there were no such allergens in the area, or that there are no other allergens, or bacteria, viruses and/or other potentially harmful materials in the area.
THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, RELATED TO THE SERVICE.
EXCEPT AS EXPRESSLY DESCRIBED IN THE SECTION ABOVE CAPTIONED “LIMITED WARRANTY,” INSPIROTEC AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS (TOGETHER, THE “PROTECTED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROTECTED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE.
IN THE EVENT OF A BREACH OF THE LIMITED WARRANTY, OUR LIABILITY SHALL BE LIMITED TO RE-PERFORMING THE SERVICE OR REFUNDING THE AMOUNT YOU PAID TO US FOR THE SERVICE. IN NO EVENT SHALL THE PROTECTED PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To Obtain Warranty Service
If you believe the Service has not conformed to our limited warranty, you must contact us by email or by mail no later than seven (7) days after the expiration of the warranty period.
To obtain warranty service, please contact us at:
By mail: Inspirotec Inc, 332 S. Michigan Avenue, Ste 1032 #I248, Chicago, IL 60604
By phone: 866-5-Exhale (866-539-4253)
By email: firstname.lastname@example.org
We will give you instructions on returning the Exhale kit and inform you of whether we will re-perform the Service or issue you a refund of the amount you paid for the Service. Shipping and handling charges will not be refunded.
*30-day money back guarantee is contingent on customer running Exhale sampler in one place in their home for 5 consecutive days for allergen testing/1 day for mold testing and sending back within 5 days of testing period completion. Customer must also complete required questionnaires and a results review call with a member of team to discuss the findings. If customer is not completely satisfied, then on the customer’s written request delivered to Inspirotec within 30 days after completion of these activities, Inspirotec will refund the customer’s purchase price minus $24.99 cost of shipping and handling.
This website is provided to satisfy the virtual patent marking provisions of various jurisdictions including the virtual patent marking provisions of the America Invents Act, and serves as notice under 35 U.S.C. § 287(a).
Inspirotec’s products are protected by issued patents US 9360402, US 8038944, US 9216421 as well as other patents issued and pending in the US and foreign jurisdictions.
This notice is informational only and does not constitute an admission by Inspirotec, Inc. concerning any legal or factual issue.
If you have any questions or comments concerning the information provided in this notice, please contact: Inspirotec, Inc., 332 S. Michigan Avenue, Ste 1032 #I248, Chicago, IL 60604