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Terms & Conditions
Last updated: August 13, 2013
· Information collected through mediums other than our Services;
· Information collected by any person or entity other than us, even if related to our Services (such as a third-party website, application or lead form).
Information We Collect and Receive About You
We might receive or collect several types of information about you, such as the information described below.
Information You Provide
To book waxing services, purchase wax passes or gift cards, or purchase other certain products, you must provide us with Your Information. Specifically, to book waxing services, you must provide us with information regarding the services you are scheduling, and provide us with additional information, including your first and last name, telephone number and e-mail address. To purchase products such as wax passes, gift cards or other waxing products, you must provide us with additional information, including your first and last name, email address, physical address and credit card or other payment information.
The following are other situations in which you may provide Your Information to us:
· When you fill out forms or fields through our Services;
· When you purchase a product from us;
· When you sign up for any newsletters or other materials through our Services;
· When you provide information to us through a third-party application, service or website;
· When you communicate with us or request information about us or our Services, whether via email or other means;
· When you participate in online surveys;
· When you participate in any of our marketing initiatives, including, contests, events, or promotions; and
· When you participate in forums or provide user generated content or submissions.
Information Third Parties Provide
We may collect information about you from sources other than you, such as from social media websites (i.e., Facebook, LinkedIn, Twitter or others), blogs, other users and our business partners.
General Use and Preference Information
We may collect, receive and store information regarding your general use of our Services (such as details of how and when you used our Services, interactions with our Services, log in information, resources that you access, your Internet protocol address, your browser type, and your device type), as well as your preferences.
When you access or use our Services through your computer, mobile phone or other device, we may collect information regarding and related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. In addition, we may collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service. We may also collect and store information locally on your device using mechanisms such as browser web storage and application data caches.
By searching for a wax center location by entering your zip code, you may provide us with your location information. If you enable the collection of location information on your device, then we may collect information about your actual location, such as your mobile device’s GPS coordinates. We may also use other technologies to determine your location (such as through the location of nearby Wi-Fi access points or cell towers), or obtain your location information from third parties.
We may collect your phone number in several ways. For example, we may collect your phone number: (i) if you submit your phone number to us through our Services; (ii) by capturing your phone number if you call us; or (iii) if a third party provides your phone number to us.
Cookies and Anonymous Identifiers
We, and third parties use various technologies to collect and store information when you use our Services, including sending cookies, pixel tags or other anonymous identifiers to your device. “Cookies” are pieces of data stored on our computer, mobile phone or other device. A “pixel tag” is a type of technology placed within a website or email for the purpose of tracking activity, which is often used in combination with cookies. Other “anonymous identifiers” are random strings of characters used for the same purposes as cookies, such as with mobile devices where cookie technology is not available. These technologies help us know that you are logged on, provide you with features based on your preferences, understand when you are interacting with our Services, and compile other information regarding use of our Services.
The information collected through these technologies, standing alone, cannot be used to determine your identity. Such information may, however, be combined in a way that makes it become personally identifiable information (i.e., information that can identify you). If this happens, we will treat the combined information as personally identifiable information.
Please note that, in most cases, you can remove or block cookies (such as by using the settings in your browser), but doing so may affect your ability to use our Services.
How We Use Information
We may use Your Information for various lawful business purposes. Among others, these purposes may include using Your Information to:
- Engage in customer support and fulfill transactions. For example, we might confirm and complete transactions requested by you, verify information you provide to us and provide you with administrative notices.
- Contact you and provide you with information. For example, we might provide or contact you through telephone, email, postal or other communications with Service updates, promotional materials, surveys, offers, personalized information and other information from us or our business partners.
- Analyze, improve and manage our Services and operations. For example, we might obtain feedback regarding our Services, understand and anticipate your needs and preferences, better understand your use of our Services, customize and tailor Service content and advertising, improve our marketing and promotional efforts, engage in statistical analysis and provide feedback to our vendors, advertisers and other third parties.
How We Disclose Information
General Disclosure of Your Information
We may disclose Your Information:
- To any person who, in our reasonable judgment, is authorized to receive Your Information as your agent, including as a result of your business dealings with that person (for example, your attorney);
- To our third-party vendors so that they may provide support for our internal and business operations, including for the handling of data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional, marketing and transaction materials, and our Services’ maintenance and security;
- To third parties when you engage in certain activities through our Services that are sponsored by them, such as purchasing products or services offered by a third party, electing to receive information or communications from a third party, or electing to participate in contests, sweepstakes, games or other programs sponsored, in whole or in part, by a third party;
- To third parties that are interested in contacting you or providing offers to you that may be related to our Services or to products or services you may find of interest;
- As required by law or ordered by a court, regulatory, or administrative agency;
- As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another’s rights or property, including, without limitation, our rights or property;
- If requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency;
- To enforce or protect our rights;
- In connection with a Business Transfer, as defined below (see Business Transfers below); and
- To our affiliated companies (i.e., companies under common control or management with us).
- Please note that the list above is not exhaustive and that we reserve the right to share, loan, rent, sell, or otherwise disclose information we collect from you to third parties at any time, for any lawful purpose, without notice or compensation to you.
Aggregation and De-Personalization
We may take Your Information and de-identify it by: either by combining it with information about other individuals (aggregating Your Information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-identifying Your Information). We reserve the right to share, loan, rent, sell, or otherwise disclose such information to third parties at any time, for any lawful purpose, without notice or compensation to you.
Sharing with Friends
Circumvention of Security Measures
Our Services are intended to be accessed and used only by adults and are not directed to minors. We do not knowingly collect personally identifiable information by anyone under the age of 13 and you should not provide us with any information regarding any individual under the age of 13.
From time to time, we may participate in or use advertising networks, such as third-party advertising servers, advertising agencies, technology vendors and research firms. We may use these third-party advertising networks for marketing, advertising and promotional purposes, as well as to serve advertisements to you. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of Internet browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of a website, the location of your Internet service provider’s presence, the date and time of a visit to a website and other interactions between you and website. Please see the “Online Behavioral Advertising” subsection of Choices About How We Use and Collect Your Information below to read about how you can prevent certain third-party advertising networks from collecting information about you.
User Generated Content
Social Media Widgets
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. Below are some mechanisms that provide you with control over certain information:
Email Offers from Us. If you do not wish to receive email offers or newsletters from us, you can opt out of receiving email information from us (other than emails related to the completion of your registration, correction of user data, change of password and other similar communications essential to your transactions through our Services) by using the unsubscribe process at the bottom of the email. Please be aware that it can take up to 10 business days to remove you from our marketing email lists. If you opt-out from receiving our marketing emails, you will continue to receive booking confirmation and shipping status emails.
Accessing and Correcting Personal Information. If a portion of our Services allow you to create an account with us, then you can review and update some of Your Information by logging into that portion of our Services, visiting your account profile page and making changes.
Online Behavioral Advertising. Certain third-party advertising networks that deliver behavioral advertising are members of the Network Advertising Initiative (“NAI”). You can prevent NAI member companies from collecting preference data about you by clicking here and following the NAI’s directions. Note that if you opt out through the NAI, you will still receive advertising. In addition, if you opt out through the NAI and later delete your cookies, use a different browser or buy a new computer, you will need to renew your opt out choice.
Information You Disclose to Third Parties
Links to Third-Party Websites
Operation of our Services in the United States
Our Services are operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Services or providing us with Your Information, you consent to this transfer.
If you have questions or concerns about our privacy practices or wish to make a request regarding Your Information, please contact us at any of the following: email@example.com.
Special Notification for California Residents – Your California Privacy Rights
Individuals who are residents of California and have provided their personally identifiable information to us may request information regarding our disclosures, if any, of their personally identifiable information to third parties for direct marketing purposes. Such requests must be submitted to us at:
California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the email address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified above. close x
Last updated: August 13, 2013
This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.
Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to our Services.
Our Services are Not Intended for Minors
Your Access and Use of our Services
Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our Services and/or any portion or feature of our Services at any time in our sole discretion and without prior notice.
The products and waxing services made available through the Services are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining our prior written consent. We may cancel or modify purchases made through our Services if it appears that they are the result of fraudulent or inappropriate activity, or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on a portion of our Services, including return and shipping policies, may apply to your purchase and are incorporated by reference herein.
Your Access and Use of our Services
You Must Maintain the Security of Any Password Issued to You. If our Services require you to create a password to use certain portions of our Services, then it is your sole responsibility to maintain the security of that password. You agree that we shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You shall not allow any person under the age of 18 to use any Service via your registration or password.
You Must Notify Us of a Breach. You agree to immediately notify us of any unauthorized use of your password, any unauthorized use of any account that you may have with us, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on our Services by sending an email to: firstname.lastname@example.org
Fees and Payments. Access and use of many aspects of our Services is free. You will pay the fees indicated by us for certain other aspects of our Services, such as when you purchase waxing services, purchase wax passes or gift certificates, or when you purchase other products from us. At any time, we may choose to charge fees for various premium features and services, and we will notify you of those charges at the time that we offer features and services for a fee. We may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount and type of fees) we charge at any time. If we introduce a new Service or charge a new fee, we will establish and notify you of the fees for that Service at the launch of the Service or start of charging a new fee. If we notify you of new fees or changes to fees for an existing Service, then you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service.
Other Terms. Other terms and conditions may apply to your use of certain aspects of our Services or certain purchases made through our Services (“Other Terms”). You will have access to such Other Terms prior to your use of such Services or purchase through our Services. If you do not agree to such Other Terms, you should not use Services or make purchases through our Services. To the extent that such Other Terms conflict with this Agreement, such Other Terms shall apply and control.
Our Services may act as a venue, through blogs, messaging, chat rooms, bulletin boards, comments pages and other forums (collectively, the "Forums"), allowing the users to contribute information and make statements ("User Generated Content"). We are not involved in the actual transmission of User Generated Content provided for in the Forums. As a result, we do not approve or endorse any User Generated Content in the Forums, and you hereby acknowledge and agree that we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided by you or any other person or entity in the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums. Without limiting the generality of the foregoing, and although we do not regularly review User Generated Content provided for in the Forums, we reserve the right (but not the obligation) to remove or edit any User Generated Content in the Forums.
You agree that all ideas, comments, suggestions or other User Generated Content that You provide to us through Forums shall be our property, and may be used by us on a non-confidential and unrestricted basis without compensation to You.
Immediately report problems with the Forums to us at email@example.com
Purchase of Products; Terms of Sale
Sweepstakes and Contests
Transmissions, Submissions and Postings to our Services
If you transmit, submit or post information to our Services that is not Federally trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from us to transmit, submit or post information to our Services that is Federally trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
You shall not transmit, submit or post the following to our Services:
- Information that infringes our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
- Information that is false, inaccurate or misleading;
- Commercial advertisements or solicitations without our written permission; or
- Federally trademarked and/or copyrighted information without our prior written permission.
You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.
Our Intellectual Property Rights
Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on or within our Services (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work, or the Software.
You are solely responsible for any damages resulting from your infringement of our or any third-party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
We grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without our prior written permission.
You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior written permission.
Access and Interference
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; or (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from our Services for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on our Services, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from our Services. You shall not use any communication systems provided on our Services (such as Forums or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
When you visit our Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use our Services, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of our Services.
Third Party Links
There may be provided on our Services links or access to other websites or mediums belonging to our advertisers, business partners, affiliates, and other third parties. Such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties. We do not guarantee that the terms or prices offered by any particular advertiser, business partner, affiliate, or other third party on or through our Services are the best terms or lowest prices available in the market.
If we provide aspects of our Services via an application for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of this Agreement and Other Terms within the application apply to your use of such application.
It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We shall, in appropriate circumstances, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ours and/or others.
Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to our designated agent. Our designated agent contact information is set forth below:
Address of designated agent to Which Notification Should be Sent:
Gunster, Yoakley & Stewart, P.A.
777 S. Flagler Drive, Suite 500 E
West Palm Beach, FL 33401
Attention: Marc Brody
Facsimile number of designated agent: 561-671-2523
Email address of designated agent: firstname.lastname@example.org
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
2. 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;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us 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;
5. 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
6. 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.
Upon receipt of the Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
1. We will remove or disable access to the material that is alleged to be infringing;
2. We will forward the Notification to the alleged infringer ("Subscriber"); and
3. We will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.
Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to our designated agent that includes substantially the following:
1. A physical or electronic signature of the Subscriber;
2. 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;
3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which we may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
1. We will promptly provide the Complaining Party with a copy of the Counter Notification;
2. We will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
3. We will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.
We Make No Representations or Warranties Regarding the Content
The Content and all services and products associated with OUR SERVICES are provided to you on an "as-is" and “as available” basis. WE make no representations or warranties of any kind, express or implied, as to the operation of OUR SERVICES or the information, content, materials, products or services included on or associated with OUR SERVICES. You expressly agree that your use of OUR SERVICES and all products and services included on or associated with OUR SERVICES is at your sole risk. WE DO not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content or the services and products associated with OUR SERVICES, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the services and products associated with OUR SERVICES. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with OUR SERVICES. THIS PARAGRAPH ONLY APPLIES TO THE EXTENT NOT OTHERWISE EXPRESSLY STATED AT THE TIME OF PURCHASE.
We make no representation, warranty or guarantee that the Content that may be available for downloading from OUR SERVICES is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Our Services are controlled and offered by us from our facilities in the United States of America. We make no representations that our Services are appropriate or available for use in other jurisdictions. If you access or use our Services from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
Limitations on Our Liability
We shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, INJURIES TO PROPERTY, AND loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of OUR SERVICES; (iii) your DELAY IN ACCESSING OR inability to access or use OUR SERVICES for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT AS OTHERWISE EXPRESSLY STATED BY US AT THE TIME OF PURCHASE, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or 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.
Your Indemnification of Us
You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of our Services; (iv) access or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.
Amendments of this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
You agree that: (i) our Services shall be deemed solely based in the State of Florida; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Florida.
This Agreement is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Broward County, Florida. In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in the “Limitations on Our Liability” section of this Agreement above, is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of Florida, including but not limited to Florida Statutes Section 95, shall apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. By using OUR SERVICES you consent to these restrictions.
You and us shall select the arbitrator, and if you and us are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or us be entitled to punitive, special, indirect or consequential damages and both you and us hereby waive your and our respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Broward County, Florida.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us via any of the methods set forth below:
· Via phone: 1.866.439.6200
· Via email: email@example.com close x
Sweepstakes Terms and Conditions
The Sweepstakes is Void Where Prohibited. No Purchase Necessary to Enter.
Who is Eligible?
The Sweepstakes are open only to persons who legally reside in the United States, except where the Sweepstakes is prohibited or restricted by law. Employees of European Wax Center® and their immediate families, European Wax Center® officers, directors, shareholders, agents, representatives and affiliated companies, its advertising and promotion agencies, the sponsors and prize donors, are not eligible to participate in this Sweepstakes.
To enter online visit, instagram.com/europeanwax or facebook.com/europeanwax. Comment on the post from December 9th, 2016 for your chance to win. [Five winners will be selected at random for the prize of the Reveal Me Face Exfoliating Gel and Renew Me Restoring Serum – PER platform]
Alternate method of entry: You may also enter the Sweepstakes drawing by sending a written entry with your name, telephone number, address and email address to: Sweepstakes Entry, European Wax Center®, 600 Silks Run, Suite 2270, Hallandale Beach, FL 33009
The Sponsor of this Sweepstakes is European Wax Center®.
All entries must be received during the Entry Period, which begins at 9:01 a.m. EDT on [December 9], 2016 and closes at 11:59 p.m. EDT on [December 12], 2016.
Winner(s) will be awarded the Sweepstakes prize of a Reveal Me Face Exfoliating Gel and Renew Me Restoring Serum valued at $40.
European Wax Center® reserves the right to change or replace the prize at any time with a prize of similar value. The prize is not transferable, assignable, nor redeemable for cash. Winners will be responsible for all federal, state, or other applicable taxes in connection with the receipt of a prize.
Prize/Coupon/Gift Certificate Redemption:
(a) Prize is nontransferable, cannot be resold, bartered, substituted, or redeemed for cash and has no cash value if not used.
(b) Reveal Me Face Exfoliating Gel and Renew Me Restoring Serum
(c) Prize does not include travel, transportation or accommodations.
Selection of Sweepstakes Prize Winner:
The Sweepstakes’ Winner(s) will be chosen on December 13, 2016 by random drawing. All eligible entries will be combined into a single drawing. The drawing will be held at the European Wax Center® offices in Florida. If winner does not respond within 48 hours after attempted notification, European Wax Center® reserves the right to choose an alternate winner from the names of all entries that did not win a prize through another random drawing. All drawings will be conducted by European Wax Center® whose decisions and interpretations of these Official Rules shall apply and be final. The winner will be required to submit a signed affidavit of eligibility and liability/publicity release, and confirmation that they have followed the Official Rules of this Sweepstakes. The affidavit must be signed and returned within ten days of attempted notification. Failure to comply with the foregoing, or the return of any prize as undeliverable, may cause a winner to forfeit his or her prize and, in such event, European Wax Center® reserves the right to select an alternate winner through another random drawing. Except where prohibited by law or regulation, a winner’s acceptance of the prize will constitute permission for European Wax Center®, its affiliated companies, sponsors or prize donors to use a winner’s name, likeness, and statements for any purpose in reference to the Sweepstakes and this promotion without additional compensation, consideration or consent. Odds of winning depend on number of eligible entries received.
Neither European Wax Center® nor its affiliates or related companies are responsible for any damages, taxes, or expenses that the winner might incur as a result of this Sweepstakes or receipt of prizes. Winners accepting prizes agree that all prizes are awarded on the condition that European Wax Center® and its agents, representatives, affiliates, and employees will have no liability for any injuries, losses, or damages of any kind resulting from acceptance, possession, or use of the prizes. If applicable, winners will be solely responsible for transportation to and from the event that serves as their chosen prize. Winners further acknowledge that European Wax Center® is not liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize.
This Sweepstakes is void where prohibited or restricted by law. By entering the Sweepstakes, entrants agree to be bound by these Official Rules and agree to release European Wax Center® and any sponsors and administrators from any and all liability for injuries, losses, or damages of any kind resulting from participation in this Sweepstakes.
European Wax Center® and any sponsors and administrators are not responsible for technical, network, electronic, computer, hardware, or software failures of any kind, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any materials in the Sweepstakes. European Wax Center® and any sponsors and administrators are also not responsible for incomplete, distorted or delayed Internet/e-mail computer entries. In the event that technical difficulties compromise the integrity or ability of the prize drawings under the Sweepstakes, European Wax Center® reserves the right to terminate the Sweepstakes at any time.
Request for Winners List:
For a copy of the winners’ names, available 15 days after the end of the Sweepstakes - drawing period, please send a self-addressed stamped envelope to: European Wax Center®, 600 Silks Run, Suite 2270, Hallandale Beach, FL 33009.