BEAUTY LAB AESTHETICS LLC
ONLINE TERMS OF USE
THESE ONLINE TERMS OF USE (AS MAY BE AMENDED FROM TIME TO TIME, THESE “TERMS”) CONSTITUTE A LEGALLY BINDING AGREEMENT MADE BY AND BETWEEN BEAUTY LAB AESTHETICS LLC DBA THE CONFIDENCE LAB AND DBA DRIP LAB (“BLA”) AND YOU, PERSONALLY AND, IF APPLICABLE, ON BEHALF OF THE ENTITY FOR WHOM YOU ARE USING ANY OF BLA’S PRODUCTS AND/OR SERVICES (COLLECTIVELY, “YOU” OR “YOUR”). BY USING BLA’S WEBSITE AND OTHER ONLINE PROGRAMS, OR THE MATERIALS, SOFTWARE AND CONTENT AVAILABLE IN OR THROUGH THEM (ALTOGETHER, THE “WEBSITE”), YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM. BY USING THE WEBSITE, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN YOU MUST IMMEDIATELY CEASE USING THE WEBSITE.
THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN BLA AND YOU AND LIMIT BLA’S LIABILITY TO YOU.
End-User License
Subject to these Terms, BLA grants to you a personal, non-exclusive, non-transferable, limited and revocable license (“User License”) to use the Website for its intended purposes only on any computer or mobile device or tablet (a “Device”) legally owned or controlled by you in accordance with these Terms. Any use of the Website in any other manner is prohibited. These Terms govern any updates to, or supplements or replacements for, the Website unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Appointments and Purchases
When scheduling an appointment or making a purchase through the Website, you agree to:
provide honest, accurate, current and complete information regarding yourself;
keep your information updated and accurate;
if the Website allows you to create an account and you so create one, keep your account password private and not share it with others; and
if the Website allows you to create an account and you so create one, notify BLA if you discover or suspect that your account has been subject to unauthorized access, hacking, or other breach of security.
Access
You are responsible for providing the equipment and services that you need to access and use the Website. BLA does not guarantee that the Website is accessible on any particular equipment or device or with any particular software or service plan. BLA does not and cannot provide any assurance regarding the availability of the Internet or cellular service at any time. BLA reserves the right, without notice and in its sole discretion at any time, to terminate your right to access and use the Website and to block or prevent future access to and use of the Website and to delete your account, if applicable, and any related information. Any obligation or liability incurred prior to BLA’s termination of your access to the Website will survive such termination.
Incorporation of Additional or Related Terms
These Terms incorporate and supplement any terms, conditions, policies, or agreements published or required by any distributor of the Website. In addition, these Terms also incorporate and supplement other terms, conditions, and policies of BLA posted at the Website, including without limitation BLA’s Privacy Policy (available at http://www._____________.com/____).
The privacy and security of your information is important to BLA. BLA’s Privacy Policy describes the data that BLA gathers about or from you and how BLA processes, uses, and shares that data. By using the Website, you consent to all actions that BLA takes with respect to your data, consistent with BLA’s Privacy Policy.
Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Website.
Personal Use Only
The Website is owned by BLA and available to you for personal, non-commercial use only. Except as otherwise expressly provided in these Terms, you may not copy, distribute, publish, reverse engineer, transmit, modify, publicly display or perform, create derivative works of, or otherwise wrongfully exploit any part of the Website.
Prohibited Use of the Website
You may not use the Website in any way that:
harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other person (including but not limited to rights of publicity or other proprietary rights);
is unlawful, fraudulent, or deceptive;
uses technology or other means to access unauthorized content or non-public spaces;
uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;\
attempts to damage, disable, overburden, or impair BLA servers or networks;
attempts to gain unauthorized access to a BLA computer network;
attempts to gain unauthorized access to BLA user accounts;
encourages conduct that would constitute a criminal offense, or that would give rise to civil liability;
violates these Terms or any additional terms in any manner;
violates or fails to comply with the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003, the Children’s Online Privacy Protection Act, or any other similar federal or state law; and/or
fails to comply with applicable third-party terms and conditions or other third-party policies.
As used herein, “person” means and includes any governmental and non-governmental individual, corporation, limited liability company, partnership, association, organization, body, or other entity.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BLA AND ITS AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S AND ACCOUNTANT’S FEES) RESULTING, OR ALLEGED TO RESULT, FROM YOUR USE OR MISUSE OF THE WEBSITE IN ANY MANNER, VIOLATION OF THESE TERMS, OR VIOLATIONS OF ANY RIGHTS OF ANY OTHER PERSON. BLA RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE IN ASSERTING ANY AVAILABLE DEFENSES.
Provision of the Website
You acknowledge and agree that the Website, or certain features of the Website, may change from time to time without notice to you. Any new feature that augments, enhances, or modifies the Website is subject to these Terms.
You acknowledge and agree that BLA may decline to provide access to the Website or stop providing the Website (or any feature, program or content within the Website) to you at BLA’s sole discretion, without notice or liability to you. You may discontinue use of any part of the Website at any time. You do not need to specifically inform BLA when you stop using the Website. You acknowledge and agree that if BLA disables your right to access and use the Website, you may be prevented from accessing the Website, your account details (if any), and/or any files or other content which are contained in your account, if applicable.
Mobile Terms and Conditions
If you use a mobile device to access the Website, the following additional terms and conditions (“Mobile Terms”) also apply:
You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Website. All such charges are billed by and payable to your mobile service provider.
You understand that wireless or network service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise.
Additional terms and conditions may apply to your use of BLA’s mobile applications based on the type of mobile device that you use.
YOUR ACCESS TO AND USE OF THE WEBSITE VIA YOUR MOBILE DEVICE/TABLET CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.
No Warranties
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS AND TO THE FULLEST EXTENT OF APPLICABLE LAW, BLA DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO ACCURACY, RELIABILITY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, BLA SPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES OF TITLE AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO ALL OF ITS ONLINE SERVICES AND ALL MATERIALS ACCESSIBLE THROUGH THE WEBSITE. BLA MAKES NO WARRANTY OR REPRESENTATION THAT THE USE OF THE WEBSITE BY YOU IS IN COMPLIANCE WITH APPLICABLE LAWS, OR THAT YOUR INFORMATION TRANSMITTED IN CONNECTION WITH THE WEBSITE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED.
BLA DOES NOT GUARANTEE THAT THE FUNCTIONS CONTAINED WITHIN THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF BLA IS AWARE OF THEM.
No Liability
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT WILL BLA OR ITS AGENTS, AFFILIATES, AND/OR ANYONE INVOLVED IN CREATING OR PROVIDING THE WEBSITE (A) BE LIABLE TO YOU WITH RESPECT TO USE OF THE WEBSITE; AND/OR (B) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF YOUR INFORMATION, THE INABILITY TO USE THE WEBSITE, OR DEVICE FAILURE OR MALFUNCTION. YOUR SOLE REMEDY IS TO CEASE USE OF THE WEBSUTE. BLA, ITS AGENTS, AFFILIATES, AND ANYONE INVOLVED IN CREATING OR PROVIDING THE WEBSITE WILL NOT BE LIABLE EVEN IF ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.
If applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other damages, in no event shall BLA, its agents, employees, owners, affiliates, or anyone else involved in creating or providing the Website be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by you to BLA. You agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.
Intellectual Property
The BLA name, any BLA logo, and any other BLA trademarks, service marks, graphics and logos used in connection with the Website, whether registered or unregistered, are the intellectual property of BLA (collectively “BLA Marks”). Other trademarks, service marks, graphics and logos used in connection with the Website, if any, are the trademarks of other Persons (collectively “Third-Party Marks”). The BLA Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of BLA or the applicable mark holder. The Website is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by BLA or the owner of the content. You may not remove or alter any copyright, trademark or other proprietary right notice on the Website.
Digital Millennium Copyright Act (“DMCA”) Policy
This DMCA statement constitutes part of the legal terms and conditions governing all users of the Website, and is applicable if/when, and to the extent, users of the Website are able to upload or post materials that are publicly viewable on the Website. In compliance with the DMCA, Title 17, United States Code, BLA will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. BLA also reserves the right to remove and disable access to any user-posted material which, in BLA’s sole judgment, may be infringing or violating another’s intellectual property right, whether or not BLA has been notified by the rights holder.
In accordance with the DMCA and other applicable law, BLA may terminate, in appropriate circumstances, the accounts of registered users who are determined by BLA to be repeat infringers. BLA may also, in its sole discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.
In compliance with the DMCA, the designated agent for BLA to receive notifications of claimed infringement relating to any of the Website is ______________ (the “Designated Agent”). The Designated Agent may be contacted as follows:
Beauty Lab Aesthetics LLC
Attention: ________________
4038 West Powell Rd.
Powell, Ohio 43065
E-mail: __________________
Notice of Claimed Copyright Infringement. If you believe that your or another Person’s copyright has been infringed or violated by or through the Website, you may notify BLA’s Designated Agent in writing and provide the following requisite information required by the DMCA:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If BLA receives a valid notification, it may reinstate the removed or disabled material in accordance with the DMCA. PURSUANT TO 17 U.S.C. 512(c)(3), ANY NOTICE THAT DOES NOT COMPLY WITH THESE REQUIREMENTS WILL NOT RECEIVE A RESPONSE.
On any DMCA notice to BLA, include “DMCA Notice” in the subject line.
Counter-Notification to Claimed Copyright Infringement. If you believe that a notice of copyright infringement has been filed against material posted by you on or through the Website, you may make a counter-notification with BLA’s Designated Agent. Such counter-notification must be in writing and contain the following:
Your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If BLA receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
PURSUANT TO 17 U.S.C. 512(G)(3), ANY NOTICE THAT DOES NOT COMPLY WITH THESE REQUIREMENTS WILL NOT RECEIVE A RESPONSE
Liability for Misrepresentation under the DMCA. You may be liable for damages, including costs and attorney’s fees, under the DMCA if you knowingly materially misrepresent that material on the Website infringes upon your copyright, or that material on the Website was removed or disabled by mistake or misidentification. It is your sole responsibility to ensure the viability of any claim you make with respect to the DMCA.
Links
Links may be provided within the Website that will allow you to connect to other websites and services that are not under BLA’s control. BLA does not endorse and is not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
Errors and Inaccuracies
The Website may contain errors, inaccuracies or omissions related to services descriptions, promotions, offers, availability and other information. If any information on the Website is inaccurate, incomplete or out of date, BLA reserves the right to correct, change or update such information without prior notice to you.
Geographical Scope of the Website
BLA controls and operates the Website from within the United States of America. Unless otherwise specified on the Website, the Website is intended to promote only those services provided by BLA in the United States of America.
BLA makes no representation that the Website is appropriate or available for use in other locations. By accessing or using the Website from outside the United States of America, you acknowledge that the Website may not be available or be prohibited in your country. In case of any inconsistency between these English-language Terms and their translation into another language, these English-language Terms prevail.
Choice of Law, Jurisdiction
These Terms are governed by the laws of the State of Ohio and of the United States of America without regard to conflict of laws rules. You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio, United States of America, for purposes of any legal action arising out of or related to the use of the Website or these Terms.
Arbitration
NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY AND TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AND BLA AGREE 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, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and BLA (and its agents, employees, members, officers, directors, principals, successors, assigns, and/or Affiliates) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision will be settled by binding arbitration in Franklin County, Ohio administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least sixty (60) days’ advanced written notice of its intent to file for arbitration. BLA will provide such notice by e-mail to your e- mail address on file with BLA and you must provide such notice by e-mail to ________________ with “Legal Dispute” appearing in the subject line. During such 60-day notice period, you and BLA will endeavor to settle amicably by mutual discussions any disputes.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse BLA for all fees and expenses associated with the arbitration that BLA has paid.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which you and BLA hereby waive, and the arbitrator will apply applicable law and the provisions of these Terms. BLA and you agree that any dispute will be submitted to arbitration on an individual basis only. NEITHER BLA NOR YOU ARE ENTITLED TO ARBITRATE ANY DISPUTE AS A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY ACTION AND THE ARBITRATOR WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. If any provision of these arbitration provisions is found to be unenforceable, the unenforceable provision(s) will be severed and the remaining arbitration terms will be enforced. Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C.§§ 1-16.
Severability
If any provision of these Terms shall be deemed invalid, void, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions herein.
Modification and Waiver of these Terms
BLA reserves the right to change or modify these Terms or any other BLA terms, conditions, or policies related to use of the Website (including those identified in these Terms) at any time and at its sole discretion by posting revisions on or through the Website. Continued use of the Website following the posting of these changes or modifications will constitute your acknowledgement and agreement to such changes or modifications.
No delay or failure on the part of BLA to enforce any part of these Terms will constitute a waiver of any of BLA rights under these Terms whether for past or future actions on the part of any Person. BLA will not be deemed to waive any provision of these Terms unless a written waiver describing the provision(s) to be waived is signed by an authorized representative of BLA.
Third Party Beneficiary
You agree that BLA service providers, licensors, or others involved in creating or providing the Website are or may be third party beneficiaries to these Terms and may rely upon the provisions of these Terms.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the Website is Beauty Lab Aesthetics LLC, 170 W. Olentangy St., Powell, Ohio 43065.
To file a complaint regarding the Website or to receive further information regarding use of the Website, send a letter to the above address or contact BLA via e-mail with “California Resident Request” in the subject line. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Assignment; Headings
These Terms and the rights granted hereunder may be assigned by BLA but you may not assign them without the prior express written consent of BLA. The headings and captions contained herein are for convenience only.
Contact BLA
If you have questions regarding any of these Terms, you can contact BLA by e-mail or U.S. Mail at the following addresses:
Beauty Lab Aesthetics, LLC
Attention: ________________
4038 West Powell Rd.
Powell, Ohio 43065
Reservation of Rights
All rights not expressly granted herein are reserved by Beauty Lab Aesthetics LLC.