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Terms & Conditions
Last updated: October 12, 2017
© EWC Franchise, LLC. All Rights Reserved.
- information collected through mediums other than EWC Services;
- information collected by any person or entity other than us, even if related to EWC Services (such as a third-party website, content, application or lead form), unless and until such other person or entity provides such information to us; or
How We Receive and Collect Your Information
We receive and collect several types of information about you, such as the information described below.
Information You Provide
From time to time, you may, directly or indirectly, provide us or our franchised locations, or our or their respective call centers, with Your Information. Instances where you may provide Your Information include making reservations for services, purchasing wax passes or gift cards, creating, manipulating or updating accounts on or through EWC Services, completing surveys, purchasing other products or services, participating in Forums or submitting User Generated Content, accessing our Wi-Fi System or other systems and platforms in connection with EWC Services, signing up for Promotions or to receive newsletters or other materials about European Wax Center or otherwise for any reason associated with our business.
For example, when you book waxing services, you will provide information regarding the waxing services you are scheduling, as well as your first and last name, telephone number and e-mail address. In addition, when you make purchases, you may provide your physical address, including zip code, and credit card or other payment information.
A few other situations in which you may provide Your Information include:
- when you fill out forms or fields on or through EWC Services;
- when you communicate with us or any franchisee, or request information about us or any EWC Service, whether via e-mail or other means; and
- when you participate in marketing initiatives, including Promotions.
Information that You Generate Using Our Communications Features
EWC Services may allow you to communicate, share or post information with us as well as other users through our Forums. For instance, you may participate in message boards, post public comments, send private messages, chat with other users and contribute, publish, post, submit, transmit or display information, statements and other content (“User Generated Content”). You expressly acknowledge and agree that we may access in real-time, record and store archives of any User Generated Content on our servers to make use of them in connection with any EWC Service.
Information Third Parties Provide
From time to time, you may interact with third-party sources in connection with EWC Services and we may therefore collect information about you from these sources. Third-party sources may include social media websites (i.e., Facebook, LinkedIn, Twitter, Instagram, Snapchat or others), blogs, other users, our third-party service providers and our other business partners. For example, if you use, access or interact with any EWC Service on or through a social media website or any features of such social media website (such as a Facebook Like button), then we will receive certain information about you from the social network automatically. The information that we will receive depends on the social network and your privacy settings.
General Use and Preference Information
We may collect, receive and store information regarding your general use of EWC Services (such as details of how and when you used EWC Services, how you interact with EWC Services, your login 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 EWC 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 EWC 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.
We may collect your location information in several ways. For example, we may collect your location information (as applicable): (i) if you search for a European Wax Center location by entering your zip code or other information; (ii) if you enable the collection of location information on your device; (iii) if a third party provides your location information to us; or (iv) through the use of other technologies. Our access to your location information may depend on your privacy settings.
Phone Numbers and E-Mail Addresses
We may collect your phone number or e-mail address in several ways. For example, we may collect your phone number or e-mail address (as applicable): (i) if you submit your phone number or e-mail address to us on or through any EWC Service; (ii) by capturing your phone number or e-mail address if you call or e-mail us; or (iii) if a third party provides your phone number or e-mail address to us.
Cookies and Anonymous Identifiers
We and third parties acting on our behalf may use various technologies to collect and store information when you use EWC Services, including sending cookies, web beacons, pixel tags or other anonymous identifiers to your device. “Cookies” are pieces of data stored on a computer, mobile phone or other device. A “web beacon” is a type of technology that lets us know if you visited a certain page or whether you opened an email. A “pixel tag” is a type of technology placed within a website or e-mail 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 play an important role in the provision of EWC Services. For example, these technologies help us (i) know that you are logged on, (ii) provide you with features based on your preferences, (iii) understand when you are interacting with EWC Services and (iv) compile other information regarding use of EWC Services.
The information collected through these technologies, standing alone, are not intended be used to determine your identity. Such information may, however, be combined in a way that makes it become personally identifiable information (for example, information that can identify you). For example, we may tie this information to personal information about you that we collect from other sources or that you provide to us. 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 EWC Services.
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 such networks 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 a website. Please see the “Online Behavioral Advertising” subsection of the “Choices About How We Use and Collect Your Information” section below to read about how you can prevent certain third-party advertising networks from collecting information about you.
Some content or applications, including advertisements, may be served by third parties on EWC Services, including advertisers, ad networks and servers, content providers and application providers. These third parties may collect information about you when you use EWC Services. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your 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 (i) confirm and complete Transactions requested by you, (ii) verify information that you provide to us, or (iii) provide you with administrative notices.
- Contact you and provide you with information. For example, we might provide or contact you through telephone, e-mail, postal or other communications with EWC Service updates, reminders, Promotions, surveys, offers, personalized information and other information from us or our business partners.
- Analyze, improve and manage EWC Services and operations. For example, we might (i) obtain feedback regarding EWC Services, (ii) understand and anticipate your needs and preferences, (iii) better understand your use of EWC Services, (iv) customize and tailor EWC Service content and advertising, (v) improve our marketing and promotional efforts, (vi) engage in statistical analysis, or (vii) provide feedback or information to our business partners, vendors, advertisers and other third parties.
- Display advertisements to third parties’ target audiences. For example, in the event that we display third-party advertisements on or within any EWC Service, if you click on or otherwise interact with such an advertisement, the applicable third party may assume that you meet its target criteria.
How We Disclose Your 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 affiliated companies, subsidiaries and franchisees and their respective employees, agents and representatives involved in delivering EWC Services and other products and services to you;
- to our third-party vendors within or outside of the United States so that they may provide support for our business operations, including for the handling of data processing, data verification, transaction processing, fraud prevention, data storage, surveys, research, internal marketing, delivery of promotional, marketing and transaction materials and maintenance and security;
- to third parties in order to process payment or collect on your account;
- to fulfill the purpose for which you provide it;
- at your request;
- to third parties when you engage in certain activities through any EWC Service that are sponsored by such third parties, 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 any EWC Service or to products or services you may find of interest;
- as required by applicable 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, restriction or regulation, or are otherwise interfering with another’s rights or property, including our rights or property;
- if requested by authorities in the event of any act instance of local, regional or national emergency;
- to enforce or protect our rights; or
- in connection with a Business Transfer (as defined in the “Business Transfers” section below).
Please note that the list above is not exhaustive and that we may, in our sole discretion, 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 either by combining it with information about others (aggregating Your Information with information about other persons), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-identifying Your Information).
Sharing with Friends
All unsolicited information that you provide to us through EWC Services or through any other means, including information posted to any public areas of any EWC Service, such as bulletin boards, any ideas for new products or modifications to existing Products and other unsolicited submissions, is deemed to be non-confidential and we are free, and you hereby grant us the right, to reproduce, use, disclose and distribute such unsolicited information to others without limitation and without any requirement to provide notice, attribution or compensation to you.
Circumvention of Security Measures
Please be aware that methods of transmission and electronic storage are not completely secure. We cannot guarantee the privacy or security of Your Information or any voice or data transmissions, as third parties may unlawfully intercept or access transmissions or electronic storage. Further, we are not responsible for circumvention of any privacy settings or security measures of any EWC Service. Therefore, (i) you use each EWC Service at your own risk; (ii) you should not expect that Your Information or voice or data transmissions will always remain private; and (iii) we do not guarantee the performance or adequacy of our privacy settings or security measures. In the event that an unauthorized third party compromises our security measures, we will not be responsible for any damages, directly or indirectly, caused by an unauthorized third party’s ability to view, use, disclose or disseminate Your Information.
User Generated Content
You are responsible for your User Generated Content. Your User Generated Content is provided entirely at your own risk. Without limiting the foregoing, we may not be able to control, and are not responsible for, (i) who has access to your User Generated Content; or (ii) the actions of third parties who do receive access to your User Generated Content. You understand and acknowledge that, even after removal, copies of your User Generated Content may remain accessible to third parties, such as in cached or archived pages. Proper access and use of information provided on or through EWC Services, including User Generated Content, is governed by our Terms and Conditions.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding Your Information that you provide to us. Below are some mechanisms that provide you with control over certain information:
- Communications. If you do not wish to receive notifications, text messages, alerts, posts, notices, emails or other communications from us, you can opt-out of receiving such communications from us (other than service-related communications, such as those communications related to the completion of your registration, correction of user data, change of password and other similar communications essential to your transactions on or through EWC Services) through your account settings or, to the extent applicable, by using the unsubscribe process at the bottom of such communication or by e-mailing us at email@example.com. We will remove you from our marketing lists within a reasonable period of time and as required by applicable law. If you opt-out from receiving our marketing communications, you may continue to receive service-related communications, such as communications that are essential to your transactions on or through EWC Services.
- Accessing and Correcting Account Information. If any EWC Service allows you to create an account with us, then you may be able to review or update some or all of Your Information (as applicable) by logging into that EWC Service, 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[MB1] 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 that You Disclose to Third Parties
EWC Services, as well as the e-mail messages sent with respect to any EWC Service, may contain links or access to websites operated by third parties that are beyond our control. Links or access to third parties from EWC Services are not an endorsement by us of such third parties, or their respective websites, applications, products, services or practices. We are not responsible for the privacy policies, terms and conditions, practices or the content of such third parties. All information that you disclose to such third parties will be subject to the privacy policies and practices of such third parties. You should review the privacy policies and practices of such third parties prior to disclosing information to them. If you have any questions about how these third parties use your information, you should review their policies and contact them directly.
Operation of EWC Services in the United States
EWC Services are controlled, operated and administered by us from our offices within the United States. Your Information may be processed by us in the country where it is collected as well as other countries (including the United States) where laws regarding processing of Your Information may be less stringent than the laws in your country. By using any EWC Service or providing us with Your Information, you consent to this transfer and processing.
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. If we learn that we have inadvertently gathered information from anyone under the age of 13, we will take reasonable measures to promptly remove that information from our records.
Changing Your Information
To the extent required by applicable law, you may request that we inform you about Your Information that we maintain, and where appropriate, request that we update, correct or suppress Your Information that we maintain in our active database. We will make all required updates and changes within the time specified by applicable law, and where permitted under applicable law, may charge an appropriate fee to cover the costs of responding to such request. Please remember, if you make such a request, we may not be able to provide you with the same quality and variety of products and services to which you are accustomed. Please direct your requests to the address and person listed below under the section titled “How to Contact Us” below.
How to Contact Us
If you have questions or concerns about our privacy practices or wish to make a request regarding Your Information, please contact us at: firstname.lastname@example.org.
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: email@example.com.
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 e-mail 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: October 12, 2017
© EWC Franchise, LLC. All Rights Reserved.
Welcome to European Wax Center®! We are pleased to provide you access to certain European Wax Center systems, programs, products, methods and other intellectual property, which include (i) websites (including www.waxcenter.com), software, platforms (including our secured intranet platforms (e.g., as applicable, Bloomfire, OneSTRUT) and, as applicable, social media platforms that we may provide or make available from time to time), applications (including mobile applications) and content that we may provide or make available from time to time; (ii) e-mail and network systems and accounts; (iii) reservation systems, point-of-sale systems and databases, guest management platforms, wireless high-speed Internet access system and other systems that we may provide or make available from time to time; (iv) wax passes, rewards and gift card programs and network contests and promotions; (v) a line of private-labeled European Wax Center products, which may be branded European Wax Center, EWC or with another brand owned or licensed by us or our subsidiaries or affiliates; and (vi) e-mail notifications and other mediums, or portions of such mediums (collectively, “EWC Services”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY EWC SERVICE. BY USING ANY EWC SERVICE, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE INCORPORATED TERMS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, OR ANY PORTION OF THESE TERMS AND CONDITIONS (INCLUDING ANY PORTION OF THE INCORPORATED TERMS REFERENCED ABOVE), YOU MUST NOT ACCESS OR USE ANY EWC SERVICE OR MAKE PURCHASES ON OR THROUGH ANY EWC SERVICE. THESE TERMS AND CONDITIONS DESCRIBE THE LIMITED BASIS ON WHICH EWC SERVICES ARE AVAILABLE AND, EXCEPT AS SET FORTH BELOW, SUPERSEDE PRIOR AGREEMENTS OR ARRANGEMENTS RELATED TO EWC SERVICES.
PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE TERMS AND CONDITIONS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.
WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO ANY EWC SERVICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS AND CONDITIONS.
European Wax Center® - Introduction and Background
European Wax Center® first opened its doors in 2004 in Fort Lauderdale, Florida. From Day 1, we have focused our efforts on creating the Ultimate Wax Experience for our guests. Our goal each and every day is that each and every guest that walks into a European Wax Center location is able to strut out with that boost of beauty confidence.
Today, we operate a franchise network of European Wax Center locations. In the simplest of terms, this means that we provide others with an opportunity to operate a business using our name, with access to our systems of ideas, programs, products, methods and other intellectual property that is “European Wax Center.” While we are one brand, European Wax Center is a collection of individually owned and operated businesses.
Every successful brand, regardless of whether structured as a franchise or developed as a corporate center, must maintain a consistent approach to ensure it preserves the integrity of the brand. Whether you are a guest walking into one of our corporate centers, or a guest walking into a franchise location, you deserve the right to receive the same great experience each time. To you, there should be no difference; the look, the feel and the experience, should always be the same. Therefore, we have created and plan to continue to create systems, programs, products, methods and other intellectual property that identifies us as “European Wax Center.”
These Terms and Conditions apply to some or all EWC Services. However, because each European Wax Center location is individually owned and operated, terms, PRICING and participation may vary by location.
Your Compliance with These Terms and Conditions
You acknowledge that our Terms and Conditions are supported by reasonable and valuable consideration, which you have received and which is adequate. Such consideration includes your ability to access, use or interact with each EWC Service.
Access and Use of EWC Services by Minors
You may only access and participate in EWC Services if you are either (i) 18 years of age or older or have reached the age of majority by your respective state or territory of residence, if such age is greater than 18 years of age; or (ii) the parent or legal guardian of a minor at least 13 years of age and have the legal right to consent to and do hereby consent to our Terms and Conditions on behalf of that minor.
Your Access and Use of EWC Services
You are entitled to access and use EWC Services only for lawful purposes and only pursuant to our Terms and Conditions. Your right to access and use EWC Services is personal to you and is not transferable by you to any other person or entity. Unless explicitly permitted by us in writing, you may not assign, transfer, re-market, resell or otherwise dispose of, EWC Services without obtaining our prior written consent, which may be withheld in our sole discretion.
Your access and use of EWC Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of such EWC Services or other actions that we may, in our sole discretion, elect to take. From time to time, we may suspend or discontinue, or otherwise restrict access by any user to, any EWC Service or any portion or feature of any EWC Service at any time, in our sole discretion and without prior notice to you. We will not be liable if, for any reason, any EWC Service or any portion or feature of any EWC Service is unavailable at any time or for any period.
You will not, and you will not attempt to or otherwise authorize, encourage or support a third party’s attempts to, do any of the following, as determined by us, in our sole discretion, each of which may result in your loss of the right to access and use EWC Services: (i) violate our Terms and Conditions; (ii) restrict, inhibit or prevent any access, use or enjoyment of any EWC Service; or (iii) through the use of any EWC Service, defame, abuse, harass, offend or threaten anyone or any entity. You may not metatag or frame any EWC Service without our prior written permission, which may be withheld in our sole discretion. You are solely responsible for making all arrangements necessary for you to access EWC Services.
We may cancel or modify any EWC Service, including any purchases, gift cards, rewards points or other applicable items, if it appears that they are the result of fraudulent or inappropriate activity, or under other circumstances where it appears a mistake or error has occurred.
Access to the Internet. To the extent made available, you may have access to wireless high-speed Internet (the “Wi-Fi System”), which is provided “free of charge” as a courtesy to you, in accordance with our Terms and Conditions. You acknowledge that the ability to provide free access to the Wi-Fi System is based on the indemnifications, lack of warranty, limitation of liability and other terms specified in our Terms and Conditions, and it would require a substantial charge if any of these provisions were unenforceable.
We are not responsible for screening or restricting access to any content placed on or accessible through the Internet. We are also not responsible for screening or restricting communications between parties via the Internet. You acknowledge that, if you access the Internet, you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that we are not responsible or liable for any action or inaction with respect to any content on the Internet accessible through the Wi-Fi System whatsoever. We may, in our sole discretion, monitor your activity while you use the Wi-Fi System and keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Wi-Fi System, the times when they have accessed the Wi-Fi System and the activity associated with that IP address.
Reservations. In connection with EWC Services, you may make only legitimate reservations in good faith for use only by you or others on whose behalf you are authorized to act, and not for other purposes, including reselling, impermissibly assigning or posting on third-party websites, making speculative, false or fraudulent reservations, or any reservations in anticipation of demand. We may, in our sole discretion, cancel or modify reservations for any reason, including any breach of our Terms and Conditions, where it appears that you engaged in fraudulent or inappropriate activity, or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, even if such mistake or error is ours.
Your Information and Security
You Must Maintain the Security of Any Password Issued to You. If any EWC Service requires you to create a password to use such EWC Service or any portion thereof, or use a password that you have created with a third party, then it is your sole responsibility to maintain the security of that password. You acknowledge that your password and related account is personal to you and agree not to provide any other person with access to any EWC Service or portions thereof using your user name, password or other security information. We will 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. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole opinion, you have violated any provision of our Terms and Conditions.
You Must Notify Us of a Breach. You will 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 our Terms and Conditions, or any other breach of security known to you in connection with any product or service available on or through any EWC Service by sending an e-mail to us at: firstname.lastname@example.org.
You Must Comply with These Terms and Conditions and All Applicable Law. You will comply with our Terms and Conditions and all applicable local, state, national and international laws, regulations or rules. You will not submit on or through any EWC Service any User Generated Content (as defined below) or other material in a manner that violates our Terms and Conditions, or contrary to any applicable local, state, national and international laws, regulations or rules.
EWC Services may act as a venue, through blogs, messaging, chat rooms, bulletin boards, comments pages and other forums (collectively, the “Forums”), allowing users to contribute, publish, post, submit, transmit or display (collectively, “post”) information, statements and other content (“User Generated Content”). We are not involved in the preparation or actual transmission of User Generated Content for or in the Forums. As a result, we do not approve or endorse any User Generated Content in the Forums, and you acknowledge and agree that we (i) have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content posted by you or any other person or entity in the Forums; and (ii) will have no liability to you as a result of your submission or posting, access or use of, or reliance on, such User Generated Content.
You may find User Generated Content posted in the Forums by other users to be offensive, harmful, indecent, 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 in the Forums, we may, in our sole discretion and at any time, remove or edit any User Generated Content in the Forums.
You agree that all ideas, comments, suggestions and other User Generated Content that you provide to us through Forums will be our property, and may be used by us on a non-confidential and unrestricted basis, without any requirement to provide notice, attribution or compensation to you.
You should immediately report problems with the Forums to us at email@example.com.
These community standards apply to any and all access or use of EWC Services and User Generated Content. All access or use of EWC Services and User Generated Content must, in its entirety, comply with all applicable federal, state, local and international laws, ordinances and regulations. Without limiting the foregoing, your access and use of EWC Services and User Generated Content must not:
- Contain or promote any material 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;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, color, pregnancy, national origin, handicap, marital status, veteran status, gender identity or expression, genetic information or any other characteristic protected by federal, state or local law;
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person (including our rights);
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with our Terms and Conditions;
- Contain or promote any material that is false, inaccurate or misleading;
- Represent or promote a personal opinion as that of EWC, or, to the extent you have an affiliation with us, represent or promote a personal opinion without disclosing your affiliation and including a disclaimer that your views do not represent our views (for instance, “the views in this posting reflect my personal views and do not represent the views of European Wax Center”);
- Reveal, disclose or use proprietary or Confidential Information, including official EWC information, employee information, personnel information or intellectual property without express written authorization from us;
- Circumvent user authentication or security of any host, network or account;
- Promote any illegal activity, or advocate, promote or assist any unlawful act;
- Involve, contain or cause advertisements or solicitations, including contests, sweepstakes, other sales promotions, fundraising, barter or advertising, without our prior written consent, which consent may be withheld in our sole discretion;
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- Interfere with or disrupt any EWC Service, or disobey any requirements, procedures, policies or regulations provided to you from time to time in connection with any EWC Service (including our Terms and Conditions);
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve or contain federally trademarked or copyrighted information without our prior written permission;
- Contain, constitute or transmit chain letters, mass mailings, political campaigning or any form of “spam”; or
- Contain, transmit or cause any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that encompass contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
If you are unsure about the appropriateness of any access, use or User Generated Content related to any EWC Service, you must refrain from such access or use, or from posting or communicating any such User Generated Content, until you receive explicit approval from us.
If you see content or conduct in connection with any EWC Service that reflects poorly on us, our employees or other representatives, our franchise network or other businesses, or our franchisees or area representatives or their respective businesses, employees and representatives, please notify firstname.lastname@example.org immediately.
Transmissions, Submissions and Postings to EWC Services
If you transmit, submit or post content to any EWC Service (including User Generated Content) that is not federally trademarked 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, distribute, create derivative works from, or incorporate any or all such content in any media whatsoever, including the Content (as defined below). Provided that you have obtained prior written permission from us to transmit, submit or post content to EWC Services that is federally trademarked or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish, distribute, create derivative works from or incorporate any or all such content in any media whatsoever, including the Content. You also hereby grant each user of EWC Services a non-exclusive license to access your User Generated Content through each applicable EWC Service, and to use, reproduce, distribute and display such User Generated Content as permitted through the functionality of such EWC Services and under our Terms and Conditions. The above licenses granted by you are perpetual and irrevocable.
You are solely responsible for all your transmissions, submissions or postings (for example, your own User Generated Content) and the consequences of transmitting, submitting or posting them. We assume no liability for any action or inaction regarding transmissions, submissions or postings by you or any other user or third party.
Although we do not regularly review your transmissions, submissions or postings, we may, at our sole discretion and at any time, (i) edit, refuse to post or remove your transmissions, submissions or postings; and (ii) review transmissions, submissions or postings made by you to determine, in our sole discretion, your compliance with our Terms and Conditions.
Without limiting the foregoing, we have the right to:
- Take any action with respect to any User Generated Content that we deem necessary or appropriate, in our sole discretion, including removal of any User Generated Content if we believe, in our sole opinion, that such User Generated Content violates our Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of EWC Services or the public or could create liability for us.
- Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of any EWC Service.
- Terminate or suspend your access to any EWC Service for any or no reason, including any violation of our Terms and Conditions.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through any EWC Service. YOU WAIVE AND HOLD US (AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS) HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Confidentiality and Proprietary Rights
By accessing or using EWC Services, you may have access to Confidential Information from time to time. “Confidential Information” includes, as applicable, any trade, business and financial secrets and other confidential and proprietary information, including credit card information, company information, competitor data, specifications, research data, computer programs, designs, finances, research or development projects or results, policies, marketing data, agreements, business plans and strategies, new product or service offerings, product and service information, marketing information, marketing methods, financial information, pricing information and techniques, pending mergers and acquisition transactions, expansion plans, customer and supplier lists, customer and supplier information, strategies, methods, procedures, processes, contract terms, contract negotiations, compensation information, structures and plans, formulas, technology, documents, reports, analyses, data, studies, samples, copyright, trademark and patent applications, projections, software, trade secrets, know-how, and observations, and other disclosures pertaining to, based on, or containing, directly or indirectly, in whole or in part, any other Confidential Information.
Our Confidential Information and all copies and manifestations of the Confidential Information, (i) are, and will remain at all times, as between you and us, our exclusive property or the property of our licensors or other third parties who have provided Confidential Information to us, as applicable; and (ii) are our special and unique assets or trade secrets as defined under the Florida Uniform Trade Secrets Act, created or obtained by us at considerable time and expense, from which we may, will or do derive independent economic value from not being generally known to the public or third parties. You must therefore treat Confidential Information accordingly and not jeopardize it through your access or use of any EWC Service. If you are unsure whether you are permitted to disclose Confidential Information to particular individuals or how to safeguard our proprietary rights, please contact us at email@example.com.
In addition to any other confidentiality obligations that you may have in connection with a separate confidentiality agreement or otherwise, you will not in any manner or at any time, either directly or indirectly, (i) use any part of the Confidential Information, except as may be explicitly authorized by us in writing; (ii) use any Confidential Information in any manner detrimental to us; or (iii) divulge, disclose, distribute, reproduce, reverse engineer or communicate to any person or entity any of the Confidential Information.
Upon our request, you will immediately return all Confidential Information to us in your possession, or under your care and control.
Intellectual Property Rights
As between you and us, EWC Services and their entire contents, features and functionality (including all information, text, software, displays, images, video, audio names, graphics, logos, page headers, button icons, scripts and service names, and the design, selection and arrangement of the foregoing) are owned by us, our licensors or other providers of such material and are protected by United States or international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on or within any EWC Service. 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 each EWC Service (collectively, the “Content”), including all text, graphics, charts, pictures, photographs, videos, images, line art, icons and renditions, are copyrighted or trademarked 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 each EWC Service 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 or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content (including the software) or the Collective Work.
You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights regarding the Proprietary Marks, the Content (including the software), the Collective Work or any other harm incurred by us as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the Proprietary Marks, the Content (including the software) or the Collective Work for purposes that are contrary to the terms and conditions of our Terms and Conditions.
Your Use of the Content
Subject to your compliance with our Terms and Conditions, and subject to and without limiting any additional and applicable terms and conditions regarding the use of certain 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, in each case solely for your non-commercial use; provided, however, that you will not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not (a) modify the Content or the Collective Work; (b) utilize the Content or the Collective Work for any commercial purpose or any other public display, performance, sale or rental; (c) decompile, reverse engineer or disassemble the Content or the Collective Work; or (d) 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 our Terms and Conditions, is permitted by you without our prior written permission, which may be withheld in our sole discretion. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks, or provide links to or frame any EWC Service, without our prior written permission, which may be withheld in our sole discretion.
Access and Interference
You may 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 any EWC Service or any portion thereof or for any other purpose, without our prior written permission, which may be withheld in our sole discretion. Additionally, you may 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 or Collective Work (except for Your Information) from any EWC Service without our prior written permission, which may be withheld in our sole discretion, and the permission of the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of any EWC Service or any activities conducted on any EWC Service; or (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to any EWC Service. We may, without prior notice to you, immediately disconnect your access to and use of any EWC Service if you interfere or disrupt any EWC Service.
Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from each EWC Service for the sole purpose of, and solely to the extent necessary, creating publicly available search indices of the materials on or within EWC Services, but not caches or archives of such materials. We may revoke these exceptions either generally or in specific cases. You may not collect or harvest any personally identifiable information, including account names, from any EWC Service. You may not use any communication systems provided on any EWC Service (such as Forums, messaging features or e-mail) for any commercial or solicitation purposes. You may not solicit for commercial purposes any users of any EWC Service via image, video, text or any other method without our prior written consent, which may be withheld in our sole discretion.
Our Products and Services
You may have the ability to purchase or otherwise obtain certain products, services, wax passes, gift cards and related coupons and discounts (collectively, “Products”) on or through EWC Services (a “Transaction”). All Transactions are governed by our Terms and Conditions. Advertised prices and available quantities are subject to change without notice and may vary by area or location. Any reference to gender (e.g., male, female or other) within any EWC Service is based on biological gender, as determined by a person’s physical anatomy, and is not intended to discriminate against any gender identity or gender expression in any manner whatsoever. Our ability to provide certain Product offerings may be limited by certain conditions applicable to you, including your physical anatomy, medical condition or legal capacity, and therefore, we may, subject to applicable law, limit, change or restrict our Product offerings to you at any time for any or no reason, including based on any of the aforementioned conditions. EWC Services may contain technical inaccuracies and typographical or other errors in connection with the Products, including prices or available quantities applicable to a Transaction. We make no representations and assume no responsibility as to the completeness, accuracy or timeliness of any Content on or describing any EWC Service (including any features, specifications, prices and available quantities). We may, in our sole discretion, honor Transactions, reservations or information affected by any errors, inaccuracies or omissions in connection with EWC Services. We may make changes, corrections, cancellations or improvements to any EWC Service, and to the related Products and programs described, at any time and without notice to you, including after confirmation of a Transaction or reservation.
If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your name, your credit card number and its expiration date, your billing address, CVV number, and your shipping information. You represent and warrant that (i) you have the right to use any credit card that you submit in connection with a Transaction; and (ii) any credit card information supplied by you is true and complete. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction; provided that, for the avoidance of doubt, the failure to verify any information will not invalidate or nullify any Transaction. By making a Transaction, you represent and warrant that the applicable Products will be used only in a lawful manner, and all Products purchased by you are for personal or gift use and not for commercial use or resale (for the avoidance of doubt, franchisee and corporate centers may purchase Products for commercial use in their respective European Wax Center locations).
All Transactions are subject to acceptance by us. We may, in our sole discretion and without prior notice, (a) refuse to accept a Transaction for any or no reason; (b) limit the available quantity of or discontinue making available any Product; (c) impose conditions on the honoring of any coupon, discount or similar promotion; or (d) bar any user from making any Transaction or refuse to provide any user with any Product in accordance with our Terms and Conditions. Cancellations, refunds and exchanges are subject to our applicable cancellation, refund and exchange policies, including such policies set forth in our Terms and Conditions and any Other Terms (as defined below) that may be provided to you separately. You will pay all charges incurred by you or on your behalf through EWC Services, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions.
We are not responsible for communication failures, errors, difficulties or other malfunctions or lost, stolen or misdirected transactions, transmissions, messages or entries on or in connection with any EWC Service. We are not responsible for any incorrect information associated with any Transaction on or to any EWC Service regardless of whether such incident is the result of user error, system error or human error.
WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ANY EWC SERVICE OR ANY LINKS ASSOCIATED WITH ANY EWC SERVICE. SUBJECT TO APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF ANY EWC SERVICE OR ANY LINKS ASSOCIATED WITH ANY EWC SERVICE.
Shipping and Delivery
To the extent we make shipping and delivery available, we will pack the Products in accordance with our standard practices. You may be provided with available options to choose the method of shipment and timing of delivery for the applicable Products ordered, and in such an event, you will be charged shipping and handling charges accordingly. Title to the Products and risk of loss will pass to you upon our delivery of the Products to the carrier. Scheduled shipment dates are generally estimates only; however, we anticipate that we will make commercially reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
There may be provided on or through any EWC Service links or access to other websites, mediums, content or materials 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 accept no responsibility for such third parties or for any loss or damage that may arise from your use of the third-party links or the products or services of those third parties. We do not guarantee that the terms, prices or other content offered by any particular advertiser, business partner, affiliate or other third party on or through EWC Services are accurate or the best terms or lowest prices available in the market.
You acknowledge and agree that we are not responsible for any third-party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. All third-party materials and links are provided solely as a convenience to you. If you decide to access any of the third-party websites or mediums, you do so entirely at your own risk and subject to the terms and conditions of use of such third-party websites and mediums.
Promotions may require you to provide Your Information (subject to our Terms and Conditions) in order to participate. Each Promotion is (i) void where prohibited by applicable laws, regulations or rules; (ii) not applicable to prior purchases and cannot be combined with any other offer, discount or coupon; and (iii) subject to availability and while stock or supplies lasts. We may, in our sole discretion and without any notice to you, alter, change, withdraw or cancel any Promotion, or any person’s participation in any Promotion, at any time for any reason. For instance, we may disqualify entries for any Promotion that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent has not been provided.
Unless the associated rules posted in connection with a Promotion provide otherwise, (a) entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted; (b) use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified; (c) Promotions are not open to our employees (or their immediate families) or anyone else professionally associated with such Promotion; (d) you are solely responsible for all taxes in connection with your participation in any Promotion, except we reserve the right to withhold applicable taxes, and you agree to complete any required tax forms as reasonably requested by us; (e) no prize or entry in connection with a Promotion is transferable, refundable or negotiable, and no prize may be exchangeable for cash or any other benefit, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value; and (f) (i) your acceptance of a prize constitutes agreement to participate in reasonable publicity related to any Promotion and grants us an unconditional right to use your name, likeness, town or city and state, prize information and statements by you about the Promotion for publicity, advertising and promotional purposes, subject to applicable law, without any additional permission from, or compensation to, you whatsoever; and (ii) as a condition to receiving any prize in connection with any Promotion, you (or your parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
Authorization to Contact You
By using EWC Services, you authorize us and our agents, representatives and independent contractors to contact you at any telephone number (including telephone numbers associated with mobile, cellular, wireless or similar devices) or e-mail address that you provide to us or from which you place a call to us or e-mail us (as applicable), or any telephone number or e-mail address at which we reasonably believe we may reach you, using any means of communication, including calls or text messages using an automatic telephone dialing system or prerecorded messages, even if you incur charges for receiving such communications.
Your Responsibility for Equipment and Related Costs
You are solely responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use EWC Services, and all costs and fees associated with Internet access, long distance charges or carrier rates (including phone, data and text messaging rates) incurred with regard to your access and use of EWC Services.
Mobile EWC Services
Aspects of EWC Services may include certain applications for your mobile device (collectively, the “Mobile EWC Services”). By using the Mobile EWC Services, you:
(i) acknowledge that our Terms and Conditions are between you and us and not with Apple, Inc., Google, Inc. or any other third-party;
(ii) agree not to use or manipulate the Mobile EWC Services on your mobile device while driving or operating any other heavy machinery;
(iv) acknowledge that certain parts of the Mobile EWC Services require phone service, data access or text messaging capability; except as otherwise noted, carrier rates for phone, data and text messaging may apply; and
(v) acknowledge that we may, in our sole discretion and at any time, change, suspend, remove or disable access to content or other materials comprising part of the Mobile EWC Services at any time without notice. In no event will we be liable for making these changes. We may also impose limits on the use or access of certain features or portions of the Mobile EWC Services, in any case without notice or liability.
Any mobile application(s) made available by us (the “Apps”) are licensed, not sold, to you. Your license to the Apps is subject to your prior acceptance of our Terms and Conditions and you agree that our Terms and Conditions will apply to the Apps that you license. Your license to any Apps under our Terms and Conditions is granted by us. Any App that is subject to the license granted under our Terms and Conditions is referred to herein as a “Licensed Application.” We reserve all rights in and to any Licensed Applications not expressly granted to you under our Terms and Conditions.
Scope of License
This license granted to you for any Licensed Application is a limited, non-exclusive and nontransferable license to (i) download, install and use the Licensed Application for your personal use on a single, compatible mobile device that you own or control (“Mobile Device”), as permitted by our Terms and Conditions and subject to any additional rules and restrictions imposed upon you by third parties, such as rules and restrictions imposed by your mobile device provider and your mobile application store provider (“Third-Party Rules”); and (ii) access, stream, download and use on such Mobile Device the Content and the Mobile EWC Services made available in or otherwise accessible through the Licensed Applications, strictly in accordance with our Terms and Conditions. For the avoidance of doubt, this license does not allow you to use any Licensed Application on any Mobile Device that you do not own or control, and you may not distribute or make any Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute or sublicense any Licensed Application and, if you sell or otherwise transfer your Mobile Device to a third party, you must remove each Licensed Application from the Mobile Device before doing so. You may not copy (except as expressly permitted by this license and the Third-Party Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of any Licensed Application, any Updates (as defined below), or any part of any Licensed Application or Update (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included in the Licensed Applications). Any attempt to do so is a violation of our rights and the rights of our licensors. If you breach this restriction, you may be subject to prosecution and damages.
The terms of this license will govern any Updates (as defined below), unless such Update is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data
This license to use these Licensed Applications is effective until terminated by you or us. You may terminate this license by deleting the Licensed Application and all copies of such Licensed Application from your Mobile Device. We may terminate this license at any time for any or no reason without notice. Additionally, this license will terminate automatically without notice from us if you fail to comply with any term of our Terms and Conditions. Upon termination of this license, you will cease all use of such Licensed Application and destroy all copies, full or partial, of such Licensed Application. Any termination of this license will not limit any of our rights or remedies available at law or in equity.
We may, from time to time, in our sole discretion develop and provide Licensed Application updates, which may include upgrades, bug fixes, patches and other error corrections or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either:
- the Licensed Application will automatically download and install all available Updates; or
You will promptly download and install all Updates. You hereby acknowledge and agree that the Licensed Application or portions of such Licensed Application may not properly operate should you fail to do so.
EWC Services (including any Content and Licensed Application) may be subject to United States export control laws, including the US Export Administration Act and its associated rules, restrictions and regulations. You will not, directly or indirectly, export, re-export or release any EWC Service (including any Content and Licensed Application) to, or make any EWC Service (including any Content and Licensed Application) accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You will comply with all applicable laws, restrictions, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making any EWC Service (including any Content and Licensed Application) available outside of the United States (which excludes all United States territories and possessions).
EWC Services are controlled, operated and administered by us from our offices within the United States. We make no representations that any EWC Service is permissible, appropriate or available for use in other jurisdictions. If you access any EWC Service from a location outside the United States, then you do so by your own volition and you are solely responsible for compliance with all laws, regulations and rules (including local laws and any applicable United States export control laws). You will not use any EWC Service or any Content in a manner prohibited by any applicable state, federal, international or local laws, rules, restrictions or regulations.
It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We may, in appropriate circumstances, disable or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ours or others.
Notifications of claimed copyright infringement (each a “Notification”) should be sent by either express mail or U.S. mail to:
EWC Copyright Agent
600 Silks Run, Suite 2270
Hallandale Beach, FL 33009
Facsimile number of designated agent: 954-602-0888
E-mail address of designated agent: firstname.lastname@example.org
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, each Notification must include the following:
(i) 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;
(ii) 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;
(iii) 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;
(iv) information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an e-mail address at which the Complaining Party may be contacted;
(v) 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
(vi) 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 (i) through (vi) above, and pursuant to Title 17, United States Code, Section 512:
(i) we will remove or disable access to the material that is alleged to be infringing;
(ii) we will forward the Notification to the alleged infringer (“Subscriber”); and
(iii) 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:
(i) a physical or electronic signature of the Subscriber;
(ii) 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;
(iii) 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
(iv) 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 (i) through (iv) above, and pursuant to Title 17, United States Code, Section 512:
(i) we will promptly provide the Complaining Party with a copy of the Counter Notification;
(ii) we will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within 10 business days; and
(iii) we will replace the removed material or cease disabling access to the removed material not less than 10 business days, nor more than 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 EWC Services or the Content
You expressly agree that your use of EWC Services (including any Mobile EWC Services and any Licensed Applications), the Content and all information, content, materials, products and services is at your sole risk. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of EWC Services, the Content and all information, content, materials, products and services. Except as otherwise expressly stated by us in writing at the time of purchase or otherwise, (i) EWC Services (including any Mobile EWC Services and any Licensed Applications), the Content and all information, content, materials, products and services included on or associated with EWC Services are provided to you on an “as-is” and “as available” basis; and (ii) we make no representations or warranties of any kind, express or implied, as to the operation of these EWC Services (including any Mobile EWC Services and any Licensed Applications), the Content or the information, content, materials, products or services included on or associated with any EWC Service, including their accuracy, correctness, completeness, safety, reliability, title, timeliness, non-infringement, merchantability, conformity or fitness for a particular purpose.
Without limiting the foregoing, you acknowledge that we cannot guarantee the continuous operation of or access to any EWC Service. You further acknowledge that operation of and access to any EWC Service may be interfered with as a result of technical issues or numerous factors outside of our control. We make no representation, warranty or guarantee that any EWC Service or the Content that may be available for downloading from any EWC Service 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. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer, device, data, programs or other equipment or material due to your use of any EWC Service or items obtained through any EWC Service or to your downloading of any material posted on any EWC Service or any links to any EWC Service.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitations on Our Liability
EXCEPT AS OTHERWISE EXPRESSLY STATED BY US IN WRITING AT THE TIME OF PURCHASE OR OTHERWISE, in no event ARE WE responsible or liable to you or any third party, whether RESULTING, IN WHOLE OR IN PART, FROM BREACH OF contract, warranty, tort (including STRICT LIABILITY AND negligence) or otherwise, for any damages, including special, incidental, EXEMPLARY, indirect, PUNITIVE or consequential damages that include 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 any term or condition of our Terms and Conditions; (ii) your access and use of ANY EWC SERVICE (including any mobile EWC services or licensed applications), THE USER GENERATED CONTENT or the content; (iii) your DELAY IN ACCESSING OR inability to access or use ANY EWC SERVICE for any reason; (iv) your downloading or use of any of the Content, the Collective Work or user generated content; (v) your reliance upon or use of ANY EWC SERVICE, the USER GENERATED CONTENT, THE Content or the Collective Work; (VI) ANY TRANSACTION OR PROCEssing of a transaction; (vii) any third party’s use of ANY ewc service on your behalf; (VIII) the breach of our security and unauthorized disclosure of your information; OR (ix) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED ON OR THROUGH ANY EWC SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF ANY EWC SERVICE, EVEN IF WE OR OUR AGENTS, REPRESENTATIVES, LICENSORS, VENDORS, SUPPLIERS OR ANY OTHER APPLICABLE THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT AS OTHERWISE EXPRESSLY STATED BY US IN WRITING AT THE TIME OF PURCHASE OR OTHERWISE, OUR LIABILITY AND THE LIABILITY OF OUR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES AND AGENTS ARISING OUT OF THESE TERMS AND CONDITIONS WILL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL 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. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY CONSEQUENCES OF ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON USER GENERATED CONTENT, PHOTOGRAPHS OR RECORDINGS, INCLUDING DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR EMOTIONAL DISTRESS, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH ACTIONS OR INACTIONS RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY EWC SERVICE MUST COMMENCE WITHIN 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 state laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in this “Limitations on Our Liability” section, 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 Florida Statutes Section 95, will apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
Your Indemnification of Us
You will defend, indemnify and hold harmless us and our officers, directors, members, managers, shareholders, employees, independent contractors, agents and representatives from and against all claims and expenses, including attorneys’ fees, arising out of or attributable to: (i) your breach or violation of our Terms and Conditions; (ii) your failure to provide accurate, complete and current information requested or required by us; (iii) your impermissible or unauthorized access or use of any EWC Service or the Content; (iv) access or use of any EWC Service under any password that may be issued to you; (v) your transmissions, submissions or postings (for example, your own User Generated Content); or (vi) any personal injury, property damage or emotional distress caused by you.
You acknowledge that we may be irreparably damaged if our Terms and Conditions are 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 our Terms and Conditions by you, we will 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, or to a decree for specific performance of the provisions of our Terms and Conditions. For purposes of this “Our Remedies” section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach will 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. 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, regulations, rules of procedure or local rules.
You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of our Terms and Conditions or your use of or access to EWC Services will be resolved in accordance with the provisions set forth in this “Legal Disputes” section. Please read this “Legal Disputes” section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
These Terms and Conditions are 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. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You agree that: (i) each EWC Service will be deemed solely based in the State of Florida; and (ii) each EWC Service will be deemed a passive EWC Service that does not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Florida.
Agreement to Arbitrate
Any civil action, claim, dispute or proceeding arising out of or relating to this or any previous version of our Terms and Conditions, your use of or access to any EWC Service or any products or services sold, offered or purchased on or through any EWC Service, except for an injunctive action regarding a breach or threatened breach of any provision of our Terms and Conditions by you as provided above, will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this “Agreement to Arbitrate” section (this “Agreement to Arbitrate”).
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of our Terms and Conditions as a court would.
The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of our Terms and Conditions, including any claim that all or any part of the Agreement to Arbitrate or our Terms and Conditions is void or voidable.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) in Broward County, Florida, under the AAA’s rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will 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.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Broward County, Florida.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
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 ANY EWC SERVICE, you consent to these restrictions.
Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Broward County, Florida. You and we will submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes.
Other Terms and Conditions
Other terms and conditions may apply to certain aspects of EWC Services, such as rules for a particular contest or other activity related to EWC Services or terms that accompany certain (i) software or content within, (ii) purchases made on or through, or (iii) other use of, EWC Services (“Other Terms”). You will have access to such Other Terms in connection with such contest, activity, content, purchase or use of EWC Services, and such Other Terms are expressly incorporated by reference into our Terms and Conditions. If you do not agree to such Other Terms, you should not use any EWC Service or make purchases on or through any EWC Service. To the extent that such Other Terms conflict with our Terms and Conditions, such Other Terms will apply and control.
FROM TIME TO TIME, YOU MAY HAVE SIGNED OR OTHERWISE AGREED TO OTHER AGREEMENTS WITH US. FOR EXAMPLE, OUR FRANCHISEES AND AREA REPRESENTATIVES, AND THEIR RESPECTIVE PRINCIPALS, SIGN FRANCHISE AND AREA REPRESENTATIVE AGREEMENTS AND AGREEMENTS RELATED THERETO. THESE TERMS AND CONDITIONS ARE NOT INTENDED TO ADDRESS YOUR AND OUR RIGHTS AND OBLIGATIONS UNDER ANY OF THOSE SEPARATE AGREEMENTS. IF THERE IS A CONFLICT BETWEEN THOSE AGREEMENTS AND THESE TERMS AND CONDITIONS, THOSE AGREEMENTS WILL PREVAIL.
If any provision of our Terms and Conditions is contrary to, prohibited by or deemed invalid under applicable law, such provision will be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder of our Terms and Conditions will not be invalidated thereby and will be given full force and effect so far as possible. If any provision of our Terms and Conditions may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.
For purposes of our Terms and Conditions, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; and the word “or” is not exclusive. The headings contained in our Terms and Conditions are for convenience of reference only, are not to be considered a part of our Terms and Conditions, and will not limit or otherwise affect in any way the meaning or interpretation of our Terms and Conditions.
All covenants, agreements, representations and warranties made in our Terms and Conditions, as may be amended by us, from time to time, will survive your acceptance of our Terms and Conditions and the termination of our Terms and Conditions.
No failure to exercise, and no delay in exercising, any right or any power set forth in our Terms and Conditions by us will operate as a waiver of such right or power, nor will any single or partial exercise of any right or power under our Terms and Conditions by us preclude further exercise of that or any other right or power under our Terms and Conditions.
We may update, amend or change our Terms and Conditions at any time, in our sole discretion and without notice. Amendments will take effect immediately upon us posting such updates on EWC Services. We encourage you to periodically check our Terms and Conditions for changes, as your continued access and use of any EWC Service following the posting of any changes will automatically be deemed your acceptance of all changes. If you do not agree to any change to these terms and conditions, you must discontinue using EWC Services. These Terms and Conditions replace all previous notices or statements with respect to this subject, and cannot be modified orally or in writing by any of our associates, representatives, franchisees or any other third parties (including any guest service associates).
We may give, assign or transfer our rights or obligations under our Terms and Conditions to any person or entity at any time with or without your consent. You may not give, assign or transfer your rights or obligations under our Terms and Conditions to any person or entity without our prior written consent, which may be withheld in our sole discretion. Any attempt to assign your rights or obligations under our Terms and Conditions without our consent will be void.
We will not be liable for any changes, delays, failures or problems out of our control, including any changes, delays, failures or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, shortage of transportation facilities, fuel, energy, labor or materials and other similar events.
You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by our Terms and Conditions.
These Terms and Conditions (together, with any documents they expressly incorporate by reference, including all of the Other Terms and incorporated terms) represents the entire understanding and agreement between you and us regarding the subject matter of our Terms and Conditions, and supersede all other previous agreements, understandings or representations regarding our Terms and Conditions.
If you have questions, comments, concerns or feedback regarding our Terms and Conditions or any EWC Service, please contact us via any of the methods set forth below:
- Via telephone: 1.866.439.6200
- Via e-mail: email@example.com