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These Terms do not govern the use of the digital customer loyalty program service as well as other services (the “Service”) operated by Aesthetic Chemistry Medspa. If you are accessing or using the Service, then you are subject to Aesthetic Chemistry Medspa’s Subscription Agreement (currently available at https://terms.aestheticchemistrymedspa.com/subscription-agreement, or such other written contract as may be separately agreed and signed between you and Aesthetic Chemistry Medspa.
The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of Aesthetic Chemistry Medspa or its licensors (“Aesthetic Chemistry Medspa Content”). The Site (including the Aesthetic Chemistry Medspa Content) is protected by copyright, trademark, trade secret and other laws; and as between you and Aesthetic Chemistry Medspa, Aesthetic Chemistry Medspa owns and retains all rights in the Site and the Aesthetic Chemistry Medspa Content. Aesthetic Chemistry Medspa hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Aesthetic Chemistry Medspa Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Aesthetic Chemistry Medspa in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Aesthetic Chemistry Medspa Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Aesthetic Chemistry Medspa Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Aesthetic Chemistry Medspa Content.
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Aesthetic Chemistry Medspa controls the Site from VA, US offices. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. Aesthetic Chemistry Medspa makes no representation that the products and services referenced herein are appropriate, or available, worldwide.
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THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY Aesthetic Chemistry Medspa ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Aesthetic Chemistry Medspa ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER Aesthetic Chemistry Medspa’S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL Aesthetic Chemistry Medspa, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL Aesthetic Chemistry Medspa’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms applies to anyone accessing or using the Site; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Site, even if such person did not themselves violate the provision.
13.1. If you violate these Terms, Aesthetic Chemistry Medspa may suspend or terminate your use of the Site. Aesthetic Chemistry Medspa’s right to suspend or terminate your use of Site applies even if a breach is committed unintentionally or without your authorization if Aesthetic Chemistry Medspa believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of Aesthetic Chemistry Medspa, its customers or third parties.
13.2. Aesthetic Chemistry Medspa reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site. Aesthetic Chemistry Medspa has the right in its sole discretion to edit, refuse to post or remove any Content posted, displayed, published or made available for download or use on the Site that Aesthetic Chemistry Medspa finds to be in violation of these Terms. Aesthetic Chemistry Medspa may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. Aesthetic Chemistry Medspa also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations.
When you visit the Site or send emails to Aesthetic Chemistry Medspa, you are communicating with Aesthetic Chemistry Medspa electronically; and you consent to receive communications from Aesthetic Chemistry Medspa electronically. Aesthetic Chemistry Medspa will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Aesthetic Chemistry Medspa provides to you electronically satisfy any legal requirement that such communications be in writing.
Aesthetic Chemistry Medspa may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms.
This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Delaware, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in New Castlew County, State of Delaware, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts.
These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Aesthetic Chemistry Medspa. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without Aesthetic Chemistry Medspa’s express prior written consent. Aesthetic Chemistry Medspa may assign, transfer or sublicense all or any of Aesthetic Chemistry Medspa’s rights or obligations under these Terms without restriction. The failure of Aesthetic Chemistry Medspa to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Aesthetic Chemistry Medspa of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Aesthetic Chemistry Medspa will not be responsible for failures to fulfill any obligations due to causes beyond its control. Non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
Please contact Aesthetic Chemistry Medspa at [email protected] with any questions regarding these Terms.
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