U.S. Terms of Service
Last Updated on June 6th, 2016
a. A “user” is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we”, “us”, “our” and “SavingFaceSkinspa.com” refer to www.SavingFaceSkinspa.com; Saving Face Skinspa and Acne Clinic LLC; all Washington entities.
b. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit, post, or transmit to, or using, the Site, such as the business ratings, reviews, compliments, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to, or using, the Site. Your Content does not include the information that you submit in order to create an account on the Site. “User Content” means Content that users submit, post, or transmit to, or using, the Site. “SavingFaceSkinspa.com Content” means Content that is created by SavingFaceSkinspa.com and made available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than SavingFaceSkinspa.com or the users, such as data providers that license data to SavingFaceSkinspa.com for use on the Site. “Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and SavingFaceSkinspa.com Content.
If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Service (which authority you hereby exercise). Posting content on the Site is for your personal, non-commercial use only, and may be used to submit, post, and transmit reviews, ratings, messages, compliments, invitations, commentary, photographs, and other types of User Content. When posting User Content of any kind, we ask that you provide complete and accurate information about yourself in order to bolster your credibility as a contributor to the Site, though you may opt instead to provide information that does not make you personally identifiable. Notwithstanding the foregoing, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address other than your own, or create multiple user identities.
3. Changes to the Terms of Service.
The Terms of Service may be modified by SavingFaceSkinspa.com at any time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon SavingFaceSkinspa.com’s posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.
4. User Accounts.
To use some of the features on the Site, you may be required to create an account and provide information about yourself to us. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
a. An “Account” is an account for your personal, non-commercial use only, and may be used to submit, post, and transmit reviews, ratings, messages, compliments, invitations, commentary, photographs, and other types of User Content. In creating an Account, we ask that you provide complete and accurate information about yourself in order to bolster your credibility as a contributor to the Site, though you may opt instead to provide information that does not make you personally identifiable. Notwithstanding the foregoing, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address other than your own, or create multiple Accounts.
5. Use of the Site.
a. Subject to the restrictions in these Terms of Service, SavingFaceSkinspa.com grants you permission to use the Site, including the ability to: (a) search for information about, treatments, products, business and services, (b) read, write, and share reviews about treatments, products, businesses and services, (c) schedule appointments (d) cancel appointments (e) reschedule appointments (f) view your personal appointment history.
6. Site Availability.
SavingFaceSkinspa.com reserves the right (but is under no obligation) to modify, update, or discontinue the Site at its sole discretion, at any time, for any or no reason, and without notice or liability.
7. Unauthorized Access.
SavingFaceSkinspa.com reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
a. Dissatisfaction. If you are dissatisfied with the Site, please let us know by providing feedback to us through our “Contact Us” page. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Service, (iii) any policy or practice of SavingFaceSkinspa.com in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate the Terms of Service and close your account.
b. Suggestions and Improvements. By sending us any ideas, suggestions, documents and/or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
a. SavingFaceSkinspa.com may terminate or suspend your account or ability to use the Site, in whole or in part, at SavingFaceSkinspa.com’s sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms of Service or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
b. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing SavingFaceSkinspa.com with a notice of termination at our contact us page..
c. In the event of any termination, whether by you or us, the remainder of the Terms of Service will continue in full force and effect.
SavingFaceSkinspa.com owns the SavingFaceSkinspa.com Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. SavingFaceSkinspa.com/ Saving Face Skinspa and Acne Clinic LLC also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the SavingFaceSkinspa.com Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the SavingFaceSkinspa.com Content in whole or in part except as expressly authorized by SavingFaceSkinspa.com. Except as expressly and unambiguously provided herein, SavingFaceSkinspa.com does not grant you any express or implied rights, and all rights in and to the Site and the SavingFaceSkinspa.com Content are retained by SavingFaceSkinspa.com.
12. Warranties, Disclaimers, and Limitations of Liability.
a. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. SavingFaceSkinspa.com MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF TREATMENT, MEDICAL, PRODUCT, MEDICATION, BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. SavingFaceSkinspa.com FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM SavingFaceSkinspa.com OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
b. SavingFaceSkinspa.com DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF SavingFaceSkinspa.com OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
c. SavingFaceSkinspa.com FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
d. SavingFaceSkinspa.com ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS, DEALINGS WITH OR USE OF ANY OF THE BUSINESSES, ORGANIZATIONS, TREATMENTS, PRODUCTS, MEDICATIONS, SERVICES OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH SavingFaceSkinspa.com RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND THEM.
e. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
f. SavingFaceSkinspa.com’s MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO SavingFaceSkinspa.com IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$100.00.
You agree to indemnify and hold SavingFaceSkinspa.com, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. SavingFaceSkinspa.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SavingFaceSkinspa.com. SavingFaceSkinspa.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14. Third Parties.
a. The Site may include links to other websites (each, a “Third Party Site”). SavingFaceSkinspa.com does not control or endorse any Third Party Site, and you agree that SavingFaceSkinspa.com is not responsible for the availability or contents of such Third Party Sites.
a. If there is any dispute about or involving the Site or SavingFaceSkinspa.com, you agree that any such dispute will be governed by the laws of the State of Washington without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Olympia, Washington.
b. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind SavingFaceSkinspa.com in any respect whatsoever.
c. SavingFaceSkinspa.com may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
d. The Terms of Service contain the entire agreement between you and SavingFaceSkinspa.com regarding the use of the Site, and supersede any prior agreement between you and SavingFaceSkinspa.com on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
e. The failure of SavingFaceSkinspa.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
f. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
g. The Terms of Service are not assignable, transferable or sublicensable by you except with SavingFaceSkinspa.com’s prior written consent, but may be assigned or transferred by SavingFaceSkinspa.com without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
h. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Contact and Violations.
Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service to our legal department through the contact us page.