Use of this site and all sales are subject to our user agreement found here.
Breathelasvegas.com reserves the right, at any time, to modify or update the terms of this Agreement, posting on the site or by any other reasonable means of communication. Breathelasvegas.com also reserves the right, at any time, to modify or update its Privacy & Security Statement by using the same procedures. Customer confirms his or her acceptance of the modifications or updates by continuing to use the Site.
GRANT OF USE
Permission is granted to use the content and software (the "Services") on the Site as a shopping and personal care resource, but for no other purpose. Any other use of Services on this Site, including, but not limited to, reproduction for purposes other than those noted above, or any modification, distribution or republication, without the prior written permission of Breathelasvegas.com, is strictly prohibited.
PURPOSE OF SALES
All sales of products by breathelasvegas.com are limited to personal use and may not, without the express prior written approval of breathelasvegas.com, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases.
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces or its respective content providers, and are protected by U.S. and international copyright laws.
All trademarks, service marks and trade names used on the Site are proprietary to breathelasvegas.com or other respective owners that have granted breathelasvegas.com the right and license to use such Marks.
Breathelasvegas.com protects customer information according to the Privacy & Security Statement posted on this Site. The Privacy & Security Statement, as amended from time to time, is incorporated by reference to be a part of this Agreement.
You may return an unopened item sold and fulfilled by breathelasvegas.com within 14 days of delivery for a full refund. You may also exchange a damaged product for a similar product. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.)
You should expect to receive your refund within four weeks of giving your package to the return shipper; however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time is takes your bank to process our refund request (5 to 10 business days). We'll notify you via e-mail of you refund once we've received and processed the returned items.
Breathelasvegas.com will endeavor to provide to Customers all required product labeling information; however, Breathelasvegas.com is not the manufacturer, therefore it is not responsible for any reaction or any failure of a product to satisfy any special use requirements or otherwise meet the needs or expectations of the Customer. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.
In providing information or advice on this Site, in product descriptions, or otherwise, Breathelasvegas.com may rely upon advice from the manufacturers, but Customers seeking advice from this Site shall be responsible for fully informing Breathelasvegas.com of any known allergies, special health or skin conditions, or other special circumstances that might be relevant to the counselor providing such advice. Since Breathelasvegas.com is not the manufacturer of the products it sells, Breathelasvegas.com does not accept any liability for the failure of products it sells to meet any specific needs of a user of the product or for any loss, damage or injury caused by such products. Breathelasvegas.com will, upon request, endeavor to identify the manufacturer of the product and provide to the Customer contact information for the manufacturer.
GENERAL DISCLAIMER - ALL PRODUCTS
THE INFORMATION, PRODUCTS, AND MATERIALS OFFERED IN THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREATHELASVEGAS.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, IN ADDITION, BREATHELASVEGAS.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BREATHELASVEGAS.COM SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT INFORMATION OR PRICES WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE.
ALL MATERIALS AND INFORMATION PRESENTED BY, BREATHELASVEGAS.COM ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCTS PROMOTED ON THIS SITE ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY.
Limitations on Liability
IN NO EVENT SHALL BREATHELASVEGAS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT CUSTOMER PAID TO BREATHELASVEGAS.COM FOR THE PRODUCT(S) AT ISSUE, EVEN IF BREATHELASVEGAS.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST BREATHELASVEGAS.COM WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH THIS SITE UNLESS SUCH ACTION OR PROCEEDING IS BROUGHT WITHIN ONE YEAR OF SUCH USE OR PURCHASE.
Order Acceptance/Shipping Terms/Refunds
Acceptance of all orders by breathelasvegas.com occurs only upon shipment from breathelasvegas.com distribution center in Las Vegas, NV. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on this Site, or published in any catalog or other advertisement. Breathelasvegas.com reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer. Verification of order and customer information may be required prior to the acceptance of any order. Prior to acceptance, breathelasvegas.com is not obligated to fulfill any order and may notify the Customer of a back-order and the estimated time for shipment (in which case the order shall be deemed to remain open unless Customer cancels prior to the actual shipment date). Charges to Customer's credit card shall only be processed for collection when a shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. In the event of an authorized return of any goods sold from the Site breathelasvegas.com is not obligated to include a refund of any shipping and handling charges or gift wrap charges except when the return is for defective product and breathelasvegas.com shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related Order.
Outside Sites and Linking
The Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the "Outside Sites"). Breathelasvegas.com is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.
Breathelasvegas.com permits certain third party links to the home page of its site, provided that breathelasvegas.com is provided with notice of such links and does not thereafter object to such linking. No links or "deep links" are permitted to any page other than the breathelasvegas.com home page without the prior written consent of breathelasvegas.com and breathelasvegas.com reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.
Governing Law/Las Vegas Jurisdiction/Jury Trial Waiver
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF LAS VEGAS, U.S.A. CUSTOMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN THE STATE OF LAS VEGAS, U.S.A., PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH BREATHELASVEGAS.NET AND CUSTOMER WAIVE ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.
This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between breathelasvegas.com and customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by Breathelasvegas.com without need of further notice and shall not be part of this Agreement or in any way binding upon Breathelasvegas.com.
ACCEPTANCE OF THIS AGREEMENT AND OF AMENDMENTS AND MODIFICATIONS THEREOF
Use of the Site represents an acceptance by the Customer of the terms of this Agreement. Use of the Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and the policies published by breathelasvegas.com on the Site, which shall be the entire agreement of the parties with regard to the use of this Site. Amendments or other modifications to this Agreement may, from time to time, be made by breathelasvegas.net sending an email to the Customer at Customer's last known email address or by posting thereof on the Site.
Our Address and Contact Information Relating to the Terms of this Agreement
If you have any questions regarding the terms of this Agreement, you should contact Breathelasvegas.com's legal contact at the following address:
Bolick & Boyer
6060 W. Elton Ave. Suite A
Las Vegas, NV 89107