TO USE THE SERVICES, YOU MUST ASSENT TO THIS AGREEMENT BY CLICKING “I ACCEPT,” REGISTERING A USER ACCOUNT (AS DEFINED HEREIN) WITH Medspa Genius Advertising, LLC, AND AGREEING TO THE TERMS OF THIS AGREEMENT.
You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may include, without limitation, email, in-app messages and in-website chat communications. In addition, Notices may be emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email. By providing your phone number, you expressly consent to receive phone calls, faxes, and text messages relating to the
Services. If you do not wish to receive phone calls, faxes, or text messages, you may opt-out by saying or replying “STOP.”
User Accounts and User Registration
While any Visitor can view the Site, in order to use the Site and take part in the Online Courses, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason
In setting up your User Account, you may be prompted to enter additional information, including but not limited to your name and email address. Additional information may be needed to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Services and your enrollment in the Online Courses, to the extent applicable.
User Conduct Policy
In addition, you may not post, upload, or transmit to or otherwise make available through the Site any content, communications, or other information (collectively, “Unauthorized Content”): that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others; that is trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device; that interferes with a User’s business or services; that takes any action that may undermine online reviews or feedback; that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); that consists of any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts); that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; that violates the rights of other Users of the Site; or that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
Intellectual Property Rights.
All content or other material available on the Site or through the Online Courses, including but not limited to on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of Medspa Genius Advertising, LLC and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and international law.
Medspa Genius Advertising, LLC logos, trademarks and service marks which may appear on the Site (“Marks”), are the property of Medspa Genius
Advertising, LLC and are protected under United States and international law. All other trademarks, service marks and logos used on the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Medspa Genius Advertising, LLC.
License to Use the Site and Online Courses
The Online Courses, Site, and Services may provide you with the ability to upload forum posts, chat with other Users, contribute to User discussions, profile pages, and other content and media for social interaction, prepare written, photographic, and/or video testimonials and/or comments, or create certain information and materials for use with the Site or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). Subject to the license granted to Medspa Genius Advertising, LLC below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content. You hereby assign to Medspa Genius Advertising, LLC, your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any feedback, test results, or modifications or improvements to Medspa Genius Advertising, LLC’s Content or Services which you may propose or make or which User and Medspa Genius Advertising, LLC may jointly make. To the extent such rights cannot be assigned, you hereby waive such rights to Medspa Genius Advertising, LLC, its affiliates, and its customers and business partners.
With respect to any User Content, including without limitation any testimonials relating to Medspa Genius Advertising, LLC, the Site, or Online Courses, you hereby grant Medspa Genius Advertising, LLC an irrevocable, worldwide, perpetual, royalty-free, sublicensable, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Site, in the Online Courses, and through any medium now existing or later devised, or to otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose, including without limitation for any commercial, advertising, and/or publicity purpose(s). You further agree that Medspa Genius Advertising, LLC may publish or otherwise disclose your personal information in connection with the exercise of the license granted under this section. You agree to waive, and waive, any claims arising from or relating to the exercise by Medspa Genius Advertising, LLC of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section. Medspa Genius Advertising, LLC is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to any User Content.
Medspa Genius Advertising, LLC reserves the right to remove any User Content at any time and for any reason. To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Medspa Genius Advertising, LLC to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Medspa Genius Advertising, LLC, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Use of Communication Tools and Related Services
You acknowledge and agree that Medspa Genius Advertising, LLC’s Services, including paid services and products, may not be available at all times, and that certain usage limits may apply (for instance, for Site maintenance). You also understand that Medspa Genius Advertising, LLC, at its sole discretion, may limit, suspend, or terminate your use of all Medspa Genius Advertising, LLC-provided Services related to Medspa Genius Advertising, LLC’s Services and may modify or discontinue all Services related to its programs at its sole discretion.
You expressly acknowledge and agree that your use of the Site, the Online Courses and all Content and Services available on the Site is at your sole risk and responsibility. THE ONLINE COURSES (INCLUDING ANY CONTENT), SITE, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY, (B) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SITE, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR MENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SITE OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF INJURY, INCLUDING DAMAGE TO PERSONAL PROPERTY OR LOST DATA, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.
Limitation of Liability and Consequential Damages Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY OF Medspa Genius Advertising, LLC, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS AND SUPPLIERS COLLECTIVELY FOR CLAIMS ARISING UNDER THIS AGREEMENT OR OTHERWISE HOWSOEVER ARISING SHALL BE LIMITED TO THE GREATER OF (I) THE MONEY PAID TO Medspa Genius Advertising, LLC FOR SERVICES UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES FIRST GIVING RISE TO SUCH LIABILITY OR (II) TEN DOLLARS ($10) THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
IN NO EVENT SHALL Medspa Genius Advertising, LLC, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANY TYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.
Binding Arbitration and No Class Actions
Any arbitration shall be limited to each claim individually. You and Medspa Genius Advertising, LLC agree that each may only bring claims against the other in your or Medspa Genius Advertising, LLC’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.
This agreement to arbitrate will not preclude you or Medspa Genius Advertising, LLC from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Medspa Genius Advertising, LLC from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, including to protect intellectual and proprietary rights. “Court of Competent Jurisdiction” means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in the state of California. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to San Diego, California. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts.
Termination of Rights
Dispute Procedure and Claims of Copyright Infringement
If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Medspa Genius Advertising, LLC’s Copyright Agent with the following information:
– an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;
– a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
– a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;
– your address, telephone number, and email address;
– a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.
– Medspa Genius Advertising, LLC’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
– Copyright Agent: Medspa Genius Advertising, LLC, Inc. Email: firstname.lastname@example.org
Enforcement; Non-waiver; Non-assignment
Please note that the section titles herein are displayed for convenience only and have no legal effect.