See our full Terms and Conditions, Warranty Information, Privacy Policy, and Website Terms of Use here.

 

Privacy policy

Exhale Fans, LLC (“us”, “we”, or “our”) operates http://www.exhalefans.com (the “Site”). This page informs you of our policies regarding the collection, use, and disclosure of Personal Information we receive from users of the Site. We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.

Return policy

If for any reason the Exhale Fans product you have received does not meet your expectation, return it for a full product price refund once it received at our return facility. If returned, please return our fan in the original shipping box since, when our fans are improperly packaged, damage may occur which may affect your refund. If you feel our fan was damaged in shipment to you, please photograph the box when you receive it and email the photo to us immediately so we can address this with the shipper. Unless specifically stated otherwise, there are no returns or refunds for clearance items.

Terms of Purchase

When you make a purchase and checkout, you have agreed to the terms of sale at the time of purchase including price and shipping. We reserve the right to offer various promotions at a later time but these will not apply to purchases you have already made. While there are no return, refund or rain checks for clearance items, our warranty still applies.

Shipping policy

When entering the ordering process, you will see the expected shipping timeframe message before committing to an order. Please read this carefully. In stock inventory will ship within 48 hours. Products not in inventory will ship within 48 hours after they are received at our Louisville, KY metro area distribution facility. Our NEWS/FAQ website tab provides current updates on availability and expected shipping dates. 

Canadian customers: We ship Canadian orders UPS Worldwide Expedited, not because of the two-business-day delivery UPS promises, but because it is the lowest cost shipping alternative. We cannot guarantee UPS will fulfill their two-business-day commitment.

Last Updated June 12, 2018
  • TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND LIMITED WARRANTY

    1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

    THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

    BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

    YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH EXHALE FANS LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.

    These terms and conditions (these “Terms”) apply to the purchase and sale of products through www.exhalefans.com (the “Site”). These Terms are subject to change by Exhale Fans LLC. (referred to as “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product that is available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

    These Terms are an integral part of the Website Terms of Use hat apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site.

    2.   Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Exhale Fans LLC and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at 1-502-414-3267.

    3.               Prices and Payment Terms.

    (a)             All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

    (b)             Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept America Express, MasterCard, or Visa for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

    4.               Shipments; Delivery; Title and Risk of Loss.

    (a)             We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

    (b)             Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

    5.               Returns and Refunds. We will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of ordering and provided such products are returned in their original condition and packaging. To return products, you must call 1-502-414-FANS (3267)or email our Returns Department at CustServ@exhalefans.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.

    You are responsible for all shipping and handling charges on returned items unless the return is a result of our error. You bear the risk of loss during shipment. Please return products in their original shipping boxes as products that are improperly packaged prior may be damaged through return shipment, which may affect your refund. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 0.0 % restocking fee.

    Refunds are processed within approximately 30 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

    6.               LIMITED WARRANTY.

    THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

    WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS.

    WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

    SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.  NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

    Limited Warranty on Ceiling Fan Motor

    • What Does This Warranty Cover? This warranty covers defects and malfunctions of the ceiling fan motor of your new Exhale Fans ceiling fan.
    • How Long Does The Coverage Last? This warranty lasts for five (5) years from the date you purchased your ceiling fan or until you sell or otherwise transfer the ceiling fan, whichever comes first.

    Limited Warranty on Other Parts

    • What Does This Warranty Cover? This warranty covers defects and malfunctions of all parts of your new Exhale Fans ceiling fan, except for the ceiling fan motor and consumable parts (such as batteries).
    • How Long Does The Coverage Last? This warranty lasts for two years from the date you purchased your ceiling fan or until you sell or otherwise transfer the ceiling fan, whichever comes first.

    General Limited Warranty Terms

    • What Will Exhale Fans DoRepair, or if repair is not possible, either replace your ceiling fan or refund the purchase price of your ceiling fan, whichever you prefer.
    • What Does This Warranty Not Cover? Normal wear (including the replacement of consumable parts like batteries), accidents and any problems that are caused by negligence, abuse, misuse, power surge or an act of God are not covered. Also, consequential and incidental damages are not recoverable under this warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. All implied warranties are limited to the original purchaser of the ceiling fan.  Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
    • How Do You Get Service? In order to be eligible for service under this warranty, you MUST, within 30 days of your purchase of the ceiling fan, either return the warranty registration card included with your ceiling fan or register your ceiling fan on the Exhale Fans website.

    If something goes wrong with your ceiling fan, send us a note with a brief written description of the problem to:

    Exhale Fans LLC, 6370 Forest Grove Drive NE, Georgetown, IN 47122

    We will review your note and contact you within 72 hours to discuss your problem and make further arrangements.

    How Does State Law Apply? This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

    THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

    SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    The informal dispute resolution procedure detailed below is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

    7.               Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States, including all Export Regulations, as defined below. You represent and warrant that you are buying products from the Site for your own personal, non-commercial use only, and not for resale or export. Products purchased from the Site may be controlled for export purposes by export regulations including, but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).

    8.               Intellectual Property Use and Ownership. You acknowledge and agree that Exhale Fans LLC and its licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation, or other materials, including, but not limited to, all related copyrights, patents, and trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products and services made available through this site, or any of the intellectual property rights relating to those products and services.

    9.               Privacy.  We respect your privacy and are committed to protecting it. Our Privacy Policy, exhalefans.com, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

    10.            Force Majeure.  We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdown or power outage.

    11.            Governing Law and Jurisdiction.  All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Indiana.

    12.            Dispute Resolution and Binding Arbitration.

    (a)             YOU AND EXHALE FANS LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

    ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER  IN  CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

    (b)             The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

    The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

    We will be responsible for paying any individual consumer’s arbitration/arbitrator fees. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

    (c)             You agree to an arbitration on an individual basis. In any dispute,  NEITHER YOU NOR EXHALE FANS LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.  The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

    If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

    13.            Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

    14.            No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Exhale Fans LLC.

    15.            No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

    16.            Notices.

    (a)             To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting to the Site will be effective upon posting. It is your responsibility to keep your email address current.

    (b)             To Us. To give us notice under these Terms, you must contact by personal delivery, overnight courier, or registered or certified mail to Exhale Fans LLC, 6370 Forest Grove Drive NE, Georgetown, Indiana 47122. We may update address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

    (c)             Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

    (d)             Entire Agreement. These Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

    61693886.2

  • Updated May 16, 2018

    Introduction

    Exhale Fans LLC (“we or us”) respect your privacy and are committed to protecting it through our compliance with this “Privacy Policy.”

    This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website www.exhalefans.com (our “Site”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

    This Privacy Policy applies to information we collect:

    • On this Site.
    • In email and/or any other electronic messages between you and this Site.

    It does not apply to information collected by:

    • Us offline or through any other means, including on any other website operated by us or any third party; or
    • Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site.

    Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

    Children Under the Age of 13

    Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or on or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any username you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us by email at CustServ@exhalefans.com or by telephone at 1-502-414-FANS (3267).

    Information We Collect About You and How We Collect It

    We collect several types of information from and about users of our Site, including information:

    • by which you may be personally identified, such as name, email address, zip code, billing address, mailing address, phone number, payment card information, product preference, demographic information, and any other information you choose to provide (“personal information”); and/or
    • about your internet connection, the equipment you use to access our Site, and usage details.

    We collect this information:

    • Directly from you when you provide it to us, including, but not limited to, making a purchase online, communicating with us via third-party social media sites, communicating with us via our Contact Us link, and posting comments to our message board.
    • Automatically as you navigate through the Site. Information collected automatically may include, but is not limited to, usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

    Information You Provide to Us.  The information we collect on or through our Site may include:

    • Information that you provide by filling in forms on our Site. This includes information provided at the time of purchasing a product, posting material, contacting us through the Site, or requesting further services.
    • Records and copies of your correspondence (including email addresses), if you contact us.
    • Your responses to surveys that we might ask you to complete for research purposes.
    • Details of transactions you carry out through our Site and of the fulfillment of your orders. You will be required to provide financial information before placing an order through our Site.

    Your search queries on the Site.

    You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

    Information We Collect Through Automatic Data Collection Technologies.  As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

    • Details of your visits to our Site, including [traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
    • Information about your computer and internet connection, including your IP address, operating system, and browser type.

    The information we collect automatically is statistical data and does may include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:

    • Estimate our audience size and usage patterns.
    • Store information about your preferences, allowing us to customize our Site according to your individual interests.
    • Speed up your searches.
    • Recognize you when you return to our Site.

    The technologies we use for this automatic data collection may include:

    • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.
    • Flash Cookies. Certain features of our Site may use locally stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
    • Web Beacons ages of our the Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

    We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

    Third-Party Use of Cookies [and Other Tracking Technologies]

    Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

    We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.]

    How We Use Your Information

    We use information that we collect about you or that you provide to us, including any personal information:

    • To present our Site and its contents to you.
    • To provide you with information, products, or services that you request from us.
    • To respond to comments, questions, and requests, and provide customer service.
    • To fulfill any other purpose for which you provide it.
    • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
    • To notify you about changes to our Site or any products or services we offer or provide through it.
    • To allow you to participate in interactive features on our Site.
    • To monitor and analyze trends, usage, and activities on our Site.
    • In any other way we may describe when you provide the information.
    • For any other purpose with your consent.

    We are based in the United States and the information we collect is governed by U.S. law. By accessing or using our Site or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

    We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

    Disclosure of Your Information

    • We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
    • We may disclose personal information that we collect, or you provide as described in this Privacy Policy:
    • To our subsidiaries and affiliates.
    • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
    • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Exhale Fans LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Exhale Fans LLC about our Site users is among the assets transferred.
    • To fulfill the purpose for which you provide it.
    • For any other purpose disclosed by us when you provide the information.
    • With your consent.

    We may also disclose your personal information:

    • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
    • To enforce or apply our Terms of Use [INSERT LINK TERMS OF USE] and Terms and Conditions for the Online Sale of Goods and Limited Warranty [INSERT AS LINK TO WEBSITE’S TERMS OF SALE OF GOODS] and other agreements, including for billing and collection purposes.

    If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Exhale Fans LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

    Choices About How We Use and Disclose Your Information

    We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

    • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly.
    • Promotional Offers from Exhale Fans LLC. If you do not wish to have your email address/contact information used by us to promote our own or third parties’ products or services, you can opt-out by [[checking the relevant box located on the form on which we collect your data (the [order form/registration form or at any other time by sending us an email stating your request to CustServ@exhalefans.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions/ you may follow the unsubscribe link provided on the promotional email to be omitted from future email distributions. [This opt out does not apply to information provided to us as a result of a product purchase, warranty registration, product service experience, or other transactions.
    • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by above OPT-OUT METHOD. For this opt-out to function, you must have your browser set to accept browser cookies.
    • We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

    Your California Privacy Rights

    California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to CustServ@exhalefans.com or write us at: Exhale Fans LLC, 6370 Forest Grove Drive NE, Georgetown, KY 47122.

    Data Security

    We take reasonable measures to help and protect your personal information from accidental loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction.

    [We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and will be encrypted using SSL technology.

    The safety and security of your information also depend on you. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.

    Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

    Changes to Our Privacy Policy

    We may change this Privacy Policy from time to time. The date the Privacy Policy was last revised is identified at the top of the page. If we make changes to the Privacy Policy, including material changes to how we treat our users’ personal information, we will notify you by revising the date at the top of this Privacy Policy. We may also notify you through a notice on the Site homepage. You are responsible for periodically visiting our Site and this Privacy Policy to check for any changes.

    Contact Information

    To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

    Exhale Fans LLC, 6370 Forest Grove Drive NE, Georgetown, IN 47122

    CustServ@exhalefans.com

    or via our Customer Service Number:  1-502-414-FANS (3267)

    61692652.3

  • Last Modified: 19 May 2018

    1. Acceptance of the Terms of Use

    These terms of use are entered into by and between You and Exhale Fans LLC  (referred to as “us,” “we,” or “our” as the context may require). The following terms and conditions, together with any documents expressly incorporated by reference (collectively referred to as these “Terms of Use“), govern your access to and use of www.exhalefans.com, including any content, functionality, and services offered on or through www.exhalefans.com (the “Site“), whether as a guest or a registered user.

    Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.exhalefans.com and incorporated herein by reference (the “Privacy Policy”). If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

    This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

    1. Changes to the Terms of Use

    These Terms of Use are subject to change by us without prior written notice at any time, in our sole discretion. The latest version of these Terms of Use will be posted on this Site. Your continued use of this Site after a posted change in these Terms of Use will constitute your acceptance of and agreement to such changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

    Changes to these Terms of Use are effective immediately upon their change. However, any changes to the dispute resolution provisions set out in Dispute Resolution and Binding Arbitration will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.

    1. Accessing the Site and Account Security

    We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

    You are responsible for:

    • Making all arrangements necessary for you to have access to the Site.
    • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

    To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    If you choose or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

    We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

    1. Intellectual Property Rights

    The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, photographs, illustrations, graphics, other visuals, video, and audio, and the design, selection, and arrangement thereof), are owned by Exhale Fans LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

    These Terms of Use permit 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:

    • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
    • You may store files that are automatically cached by your Web browser for display enhancement purposes.
    • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
    • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
    • If we provide social media features with certain content, you may take such actions as are enabled by such features.

    You must not:

    • Modify copies of any materials from this Site.
    • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
    • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from this Site.

    You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

    If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us.  Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

    1. Trademarks

    Exhale Fans LLC’s name. and all related names, logos, product and service names, designs, and slogans are trademarks of Exhale Fans LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Exhale Fans LLC. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

    1. Prohibited Uses

    You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

    • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
    • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
    • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
    • To impersonate or attempt to impersonate Exhale Fans LLC, an Exhale Fans LLC employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Exhale Fans LLC or users of the Site or expose them to liability.

    Additionally, you agree not to:

    • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
    • Use any robot, spider, or other automatic devices, process, or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site.
    • Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent.
    • Use any device, software, or routine that interferes with the proper working of the Site.
    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
    • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise, attempt to interfere with the proper working of the Site.
    1. User Contributions

    The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and link to our blogs, social media features, or other interactive features (collectively referred to as “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter referred to as “post“) content or materials (collectively referred to as “User Contributions“) on or through the Site.

    All User Contributions must comply with the Content Standards set out in these Terms of Use.

    Any User Contribution you post to the Interactive Services of this Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Interactive Services of this Site, you grant us and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

    You represent and warrant that:

    • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our respective licensees, successors, and assigns.
    • All of your User Contributions do and will comply with these Terms of Use.

    You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Exhale Fans LLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

              We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

    1. Monitoring and Enforcement; Termination

    We have the right to:

    • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
    • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us.
    • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
    • Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms of Use.

    Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS EXHALE FANS LLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

                However, we do not undertake to review all material before it is posted to the Interactive Services of this Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

    1. Content Standards

    These content standards apply to any and all User Contributions and use of the Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

    • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
    • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy..
    • Be likely to deceive any person.
    • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
    • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
    • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
    • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

    10.          Copyright Infringement

    We take seriously claims of copyright infringement. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe upon your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

    • Your physical or electronic signature
    • Identification of the copyrighted work you believe to have been infringed or if the claim involves multiple works on the Site, a representative list of such works.
    • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
    • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
    • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information in the written notice is accurate.
    • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

              Our designated copyright agent to receive DMCA Notices is:

    Richard Halsall

    Exhale Fans LLC

    6370 Forest Grove Drive NE

    Georgetown, KY 47122

    1-502-414-FANS (3267)

    richard@exhalefans.com

              If you fail to comply with all of the requirements of Section 512(c) of the DMCA then your DMCA Notice may not be effective.

              Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    1. Reliance on Information Posted

    The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

              This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Exhale Fans LLC, are solely the opinions and the responsibility of the person or entity providing these materials. These materials do not necessarily reflect the opinion of Exhale Fans LLC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

    1. Changes to the Site

                We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

    1. Information About You and Your Visits to the Site

    All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

    1. Online Purchases and Other Terms and Conditions

    All purchases through our Site or other transactions for the sale of goods formed through the Site or resulting from visits made by you are governed by our Terms and Conditions for the Online Sale of Goods, which are hereby incorporated into these Terms of Use.

    1. Linking to the Site and Social Media Features

    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.

    This Site may provide certain social media features that enable you to:

    • Link from your own or certain third-party websites to certain content on this Site.
    • Send emails or other communications with certain content, or links to certain content, on this Site.
    • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

    You may use these features solely as they are provided for by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

    • Establish a link from any website that is not owned by you.
    • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
    • Link to any part of the website other than the homepage.
    • Otherwise, take any action with respect to the Materials on this Site that is inconsistent with any other provision of these Terms of Use.

    The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

    You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

              We may disable all or any social media features and any links at any time without notice in our discretion.

    1. Links from the Site

                If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

    1. Geographic Restrictions

    The owner of the Site is based in the state of Indiana in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

    1. Disclaimer of Warranties

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

    YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EXHALE FANS LLC NOR ANY PERSON ASSOCIATED WITH  EXHALE FANS LLC MAKES ANY  WARRANTY  OR REPRESENTATION WITH  RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER EXHALE FANS LLC NOR ANYONE ASSOCIATED WITH EXHALE FANS LLC REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    TO THE FULLEST EXTENT PROVIDED BY LAW, EXHALE FANS LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, EXCEPT AS PROVIDED FOR IN OUR TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    1. Limitation on Liability

    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EXHALE FANS LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, EXCEPT AS PROVIDED FOR IN OUR TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    1. Indemnification

    You agree to defend, indemnify, and hold harmless Exhale Fans LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, products, and materials other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

    1. Governing Law and Jurisdiction

    All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Indiana.

    1. Dispute Resolution and Binding Arbitration

    At Exhale Fans LLC’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law.

    1. Limitation on Time to File Claims

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

    1. Waiver and Severability

    The failure by Exhale Fans LLC to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Exhale Fans LLC.

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

    1. Entire Agreement

    The Terms of Use, our Terms and Conditions for Online Sales and our Privacy Policy will be deemed the final and integrated agreement between you and Exhale Fans LLC on the matters contained in these Terms of Use.

    1. Your Comments and Concerns

    This Site is operated by Exhale Fans LLC, 6370 Forest Grove Drive NE, Georgetown, Indiana 47122.

    All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out herein.

    All other feedback, comments, requests for technical support, and other communications relating to the Site should be sent to us via the Site’s Contact Us page, www.exhalefans.com/contact.php

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