Policies

TERMS OF SERVICE

 

OVERVIEW

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 CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS, UNLESS OTHERWISE SPECIFIED HEREIN, INCLUDING IN THE EVENT THAT YOU CHOOSE TO OPT-OUT. ARBITRATION MEANS YOU WAIVE YOUR RIGHT TO A JURY TRIAL. FOR MORE DETAILS ON THESE MATTERS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE THE SECTION TITLED “DISPUTE RESOLUTION” BELOW.

 

These Terms of Service (“Terms”) constitute an agreement between you (“you” or “your”) and Living Well Solutions LLC d/b/a Sans (hereinafter “Sans,” “we,” “us” or “our”) concerning your use of our website https://www.livesans.com/ (the “Site”), the information, content, services, and tools available via the Site (collectively, the “Services”), all related applications, and your purchase and use of any products offered through the Site (individually, a “Product” and collectively, the “Products”). Sans agrees to provide the Site, Services, and Products to you only under these Terms. By accessing the Site, you acknowledge and agree to abide by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms, do not use the Site.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - MODIFICATIONS

 

Any new features or tools which are added to the Site shall also be subject to the Terms. You and Sans agree that Sans may modify these Terms. To the extent permitted by applicable law, you agree that any modifications will take effect immediately upon posting on the Site. You can review the most current version of the Terms at any time on this page.

 

SECTION 2 – PRIVACY POLICY

 

By accessing the Site, you confirm you have read and understand our Privacy Policy (https://www.livesans.com/pages/privacy-policy), Messaging Terms (https://terms.pscr.pt/legal/shop/breathe-sans/terms_of_service), Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/breathe-sans/privacy_policy), and Refund Policy (https://www.livesans.com/pages/return-policy) which also govern your use of our Site, Services, and Products.

SECTION 3 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our Site, Services, or Products for any illegal or unauthorized purpose nor may you, in the use of the Site, Services, or Products, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your access to the Site and use of the Services and Products.

SECTION 4 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, Products, or Services —including use of or access to the Services, or any contact made through the Site—without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 6 - MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

SECTION 7 - PRODUCTS OR SERVICES (if applicable)

Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy (https://www.livesans.com/pages/return-policy).

We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this Site is void where prohibited.

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policy (https://www.livesans.com/pages/return-policy).

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 10 - THIRD-PARTY LINKS

Certain content, products and services available via our Site and Services may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, Services, or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the Site and Services is governed by our Privacy Policy. To view our Privacy Policy (https://www.livesans.com/pages/privacy-policy).

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site, Services, or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Site, Services, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site, Services, or on any related website, should be taken to indicate that all information in the Site, Services, or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site and Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site, Services, or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES

 

EXCEPT FOR ANY WARRANTY YOU MAY OBTAIN THROUGH SANS’ WARRANTY AGREEMENT (HTTPS://WWW.LIVESANS.COM/PAGES/WARRANTY?SRSLTID=AFMBOOOB9XQVWXE3WZTQK0MBO23KSSZD1DGS6SJS1IKB37HCQWSZ9E5O), THE SITE, SERVICES, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SANS AND ITS SUPPLIERS, VENDORS, CONTRACTORS, RETAILERS AND LICENSORS (COLLECTIVELY, THE “SANS ENTITIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED—WHETHER BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE—INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH THE SITE, SERVICES, OR PRODUCTS, AND EXPRESSLY DISCLAIMS ANY SUCH IMPLIED WARRANTIES. THE SANS ENTITIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

 

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES, SITE, OR PRODUCTS IS AT YOUR SOLE RISK, AND THAT WE MAY, FROM TIME TO TIME, REMOVE THE SERVICES FOR AN INDEFINITE PERIOD OF TIME OR CANCEL THEM, WITHOUT NOTICE TO YOU.

 

CERTAIN STATE LAWS DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF IMPLIED OR OTHER WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

SECTION 16 - INDEMNIFICATION

You agree to defend (at the Sans Entities option), indemnify, and hold harmless the Sans Entities (including their parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees) from and against any and all claims, actions, demands, losses, liabilities, settlements, and expenses of every kind and nature, known and unknown, including without limitation, reasonable legal and accounting fees, made against the Sans Entities by any third party due to, resulting from, or alleged to result from, your use of the Site, Services, or Products, your violation of these Terms and/or any law, rule, regulation and/or contract, your violation of any third party’s rights (including copyright or privacy right), or any claim relating to your user content. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. You will cooperate as fully and as reasonably required in our defense of any claim.

 

SECTION 17 - LIMITATION OF LIABILITY

 

IN NO CASE SHALL THE SANS ENTITIES OR THEIR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS, AND EMPLOYEES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE, SERVICES, OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

THE SANS ENTITIES SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE SITE.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

SECTION 18 - TIME LIMITATION FOR CLAIMS

ANY CLAIMS RELATING IN ANY WAY TO THESE TERMS, THE SITE, SERVICES, OR PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIMS OR THE SHORTEST DURATION PERMITTED UNDER APPLICABLE LAW IF SUCH PERIOD IS GREATER THAN ONE (1) YEAR. IF NOT COMMENCED WITHIN THE APPLICABLE PERIOD, YOU AND SANS ARE PERMANENTLY BARRED FROM PURSUING THAT CLAIM.

 

SECTION 19 - DISPUTE RESOLUTION

 

PLEASE READ THE “AGREEMENT TO ARBITRATE” AND “CLASS ACTION WAIVER” SECTIONS BELOW CAREFULLY.

 

Agreement to Arbitrate

Arbitration is the referral of a dispute to one or more individuals who will review the dispute and make a final and binding determination to resolve the dispute instead of having the dispute decided by a judge or jury in court. YOU AND SANS EACH AGREE THAT ANY AND ALL DISPUTES, CLAIMS, CONTROVERSIES, OR ACTIONS BETWEEN YOU AND THE SANS ENTITIES THAT ARISE OUT OF, RELATE TO, OR ARE CONNECTED IN ANY WAY WITH THE SITE, SERVICES, PRODUCTS, THESE TERMS, OR ANY OTHER TRANSACTION OR INTERACTION, WHETHER OCCURRING IN THE PAST, PRESENT, OR FUTURE, INVOLVING YOU AND THE SANS ENTITIES (“CLAIMS”) SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS.

This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

This Agreement to Arbitrate does not apply to actions by Sans for intellectual property claims, including by way of example, trade secret misappropriation, patent infringement, copyright infringement or misuse, and/or trademark infringement or dilution.

CLASS ACTION WAIVER.

EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND SANS AGREE THAT ALL CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS OR CLASS ARBITRATIONS. ACCORDINGLY, EXCEPT AS PROVIDED BY THESE TERMS, OR UNLESS YOU AND SANS CONSENT IN WRITING, THE ARBITRATOR SHALL NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, EXCEPT AS PROVIDED IN THESE TERMS, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED OR DECISION MADE CANNOT AFFECT OTHER SANS’ CUSTOMERS.

Pre-Arbitration Notice.

In the event of a dispute or claim (the “Action”), you or Sans must first send to the other party a notice of the Action that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Action, and the relief requested. The notice to Sans must be addressed to [Email Address] (mailto:[ Email Address]) or [Address]. The notice from Sans to you will be sent by certified mail to the most recent address we have on file for you, or via email. If Sans and you do not resolve the Action within sixty (60) calendar days after the notice of the Action is received, you or Sans may commence an arbitration proceeding pursuant to this section. Each party agrees to act in good faith to resolve the Action before commencing arbitration.

Procedure.

Arbitration shall be administered by the American Arbitration Association (“AAA”) and be governed by the AAA Commercial Arbitration Rules (“AAA Rules”). If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. Any Action shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, except that the arbitrator shall not award punitive damages to either party. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Arbitration Fees.

Payment of all AAA or arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in these Terms. If the value of the relief sought is $10,000 or less, at your request, Sans will pay all AAA or arbitrator fees associated with the arbitration. Any request for payment of fees by Sans should be submitted by mail to the AAA along with your Demand for Arbitration and Sans will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Sans will pay as much of the AAA or arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. If the arbitrator determines that the substance of either your or Sans’ claim, or the relief sought, was frivolous or brought for an improper purpose, the responsible party must reimburse the other for any fees paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law.

Mass Filing.

In the event of a Mass Arbitration, as that term is defined by the AAA Mass Arbitration Supplementary Rules, You agree to application of the AAA Mass Arbitration Supplementary Rules and Consumer Mass Arbitration and Mediation Fee Schedule then in effect and currently available at https://www.adr.org/mass-arbitration.

Hearing Format.

The arbitration shall occur in one of the following locations: (i) your county of residence; (ii) Los Angeles County; (iii) virtually; or (iv) as mutually agreed upon between you and Sans. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. If the Mass Filing process described above is triggered, then the location of any hearing will be determined by the arbitrator.

Small Claims Court.

Notwithstanding the foregoing, you may bring an individual action in the small claims court of your county of residence or Los Angeles County, if the action is within that court’s jurisdiction and is pending only in that court.

 

Opt-Out.

You may elect to opt-out from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a letter to Sans at [Address or Email Address], postmarked or time-stamped within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; and (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

Severability.

If any provision in this “Dispute Resolution” section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire “Dispute Resolution” Section shall be null and void. The terms of this section shall otherwise survive any termination of these Terms.

SECTION 20 - GOVERNING LAW AND JURISDICTION

These Terms, the Site, Services, and Products shall be governed and interpreted in accordance with the laws of the United States and the State where your purchase is made or where you access the Site, excluding its conflict of laws rules. The parties exclude the application of the Convention on International Sale of Products to these Terms. For any claim or dispute with us relating to the Site, Services, Products, or these Terms not governed by the Agreement to Arbitrate or Small Claims Court provision, you expressly agree that such claim or dispute shall be resolved in the United States District Court for the Central District of California, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction does not exist in the United States District Court for the Central District of California, then the exclusive forum and venue for any such claim or dispute shall be the courts of the State of California located in Los Angeles County, and you submit to the personal jurisdiction of that court. In the event of any violation of these Terms, Sans reserves the right to seek all remedies available under law and equity for such violations.

Section 21 - NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to support@breathesans.com. You may also contact us by writing to Sans, [Address], or by calling us at [Phone Number]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

SECTION 22 – SEVERABILITY

Except as otherwise provided in these Terms, in the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity or enforceability of any other remaining provisions.

SECTION 23 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site, Services, and Products (or any part thereof).

SECTION 24 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Site, Services, and Products superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@breathesans.com.