Terms of Service
PURPOSE OF THIS AGREEMENT
Welcome to Aesthetics Accelerator / www.AestheticsAccelerator.com /Gilt Consulting, LLC. We look forward to helping you grow your aesthetic business beyond anything you have done before, so you can take your business to new heights. This Agreement sets forth your rights and obligations as an Aesthetics Accelerator / www.AestheticsAccelerator.com /Gilt Consulting, LLC User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.AESTHETICSACCELERATOR.COM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 11, 15, and 16). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of www.AestheticsAccelerator.com (hereafter “Website”), which is owned and maintained by Aesthetics Accelerator / Gilt Consulting, LLC (“Aesthetics Accelerator,” “we,” “our,” “us”), is governed by the terms and conditions set forth below. We offer the Website, including all course materials, information, tools, dashboards, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND AESTHETICS ACCELERATOR. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY AESTHETICS ACCELERATOR, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.
Aesthetics Accelerator reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at www.AestheticsAccelerator.com/terms-of-service. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents
- Website Use
- Website User Conduct and Restrictions-License Terms
- Our Privacy Statement and Your Personal Information
- Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts
- Order Placement and Acceptance
- Refunds for Hard Goods
- AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
- SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
- Shipping Fees
- Products, Services, and Prices Available on the Website
- DISCLAIMER – YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY
- Your Responsibilities in Running Your Business
- Commission Program and Independent Aesthetics Accelerator Affiliate Program
- Testimonials, Reviews, and Pictures/Videos
- DISCLAIMERS OF OTHER WARRANTIES
- LIMITATIONS OF LIABILITIES
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- Aesthetics Accelerator Additional Remedies
- Notice and Takedown Procedures; Copyright Agent
- Third-Party Links
- No Waiver
- Governing Law and Venue
- Force Majeure
- Electronic Signature
- Changes to the Agreement
- Your Additional Representations and Warranties
- Entire Agreement
- Contacting Us
- Data Privacy Shield- GDPR
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Aesthetics Accelerator trademark and logo are proprietary marks of Aesthetics Accelerator, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Aesthetics Accelerator.
Subject to your continued strict compliance with all Terms, Aesthetics Accelerator provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to Aesthetics Accelerator course material over the Website, Aesthetics Accelerator provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the course material. You acknowledge and agree that: (1) the course material is copyrighted material under United States and international copyright laws that is exclusively owned by Aesthetics Accelerator; (2) you do not acquire any ownership rights in the course material; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the course material; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the course material without the express written permission of Aesthetics Accelerator; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website or any course material provided by Aesthetics Accelerator, whether alone, or in conjunction with other course material or hardware, in any unlawful manner or a manner harmful to Aesthetics Accelerator. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any course material or hardware including, but not limited to, refraining from:
- HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Aesthetics Accelerator’s reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of Aesthetics Accelerator or any third party;
- OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
- SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, course material, or other electronic service hosted, provided by or connected to Aesthetics Accelerator, any of the following information: HIPPA- sensitive health information, social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal or financial information of any kind.
- ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity including but not limited to promoting the sale or use of illegal neurotoxin and/or filler formulations, promoting the sale or use of non-FDA approved devices, or infringing or promoting the infringement of the intellectual property rights of another.
You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of Aesthetics Accelerator or otherwise.
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement. Our Privacy Statement may be viewed at www.AestheticsAccelerator.com/privacy-policy. Aesthetics Accelerator reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
As an Aesthetics Accelerator user, you will be required to create an account with Aesthetics Accelerator. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Aesthetics Accelerator user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in Aesthetics Accelerator’s sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your Aesthetics Accelerator user account or enhanced pricing for your Aesthetics Accelerator user account, at Aesthetics Accelerator’s sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, Aesthetics Accelerator under your user account. You agree to immediately notify Aesthetics Accelerator of any unauthorized use of your password or user-name or any other breach of security related to your user account. You agree that Aesthetics Accelerator is not liable, and you will hold Aesthetics Accelerator harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 21 below for additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at info@AestheticsAccelerator.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – REFUNDS FOR HARD GOODS
If you have purchased a “hard good” (for example, a book or other tangible product) from Aesthetics Accelerator or any related brands, you may receive a limited refund if you comply with the following conditions:
- You must request a refund in writing by contacting info@AestheticsAccelerator.com;
- Your request for a refund must be made within thirty (30) days of your purchase;
- You must return the hard goods to Aesthetics Accelerator immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
- The hard goods must be returned to Aesthetics Accelerator in like-new, or re-sellable condition, as determined in Aesthetics Accelerator’s sole, reasonable discretion.
SECTION 7 – AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
If you do not want to continue a subscription, you must submit a cancellation request to us via our info email address info@AestheticsAccelerator.com 10 days prior to the next billing cycle. No refunds will be provided as you will have access to content through the end of that billing cycle. If you do not contact us within the timeframe, your subscription will automatically continue and the payment card that you provided at the time of enrolment online will be charged the full Aesthetics Accelerator monthly membership subscription rate provided at the time of enrollment each month until you cancel. Aesthetics Accelerator can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by e-mail and give you an opportunity to cancel.
SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
An Aesthetics Accelerator user is responsible for paying all sums due to Aesthetics Accelerator in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the Aesthetics Accelerator user to use any of the services available through the service provided by Aesthetics Accelerator does not relieve the Aesthetics Accelerator user of their payment obligations under these Terms.
Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).
IF YOU ARE AN AESTHETICS ACCELERATOR USER WITH A MONTHLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO AESTHETICS ACCELERATOR, YOU MAY DO SO BY E-MAILING INFO@AESTHETICSACCELERATOR.COM AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
Aesthetics Accelerator reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Aesthetics Accelerator starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below. In addition to any Fees, Aesthetics Accelerator may also charge applicable value added or other tax.
SECTION 9 – SHIPPING FEES
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.
SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Products, services, and prices are generally posted at the following URL, but are subject to change: http://AestheticsAccelerator.com/services . Aesthetics Accelerator reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize Aesthetics Accelerator to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Aesthetics Accelerator services, and unless you terminate your subscription as provided herein, you agree that Aesthetics Accelerator may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.
Aesthetics Accelerator takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that Aesthetics Accelerator does not warrant that product or service descriptions are accurate, complete, current, or error-free. All sales are deemed final except as provided in Section 6 of these Terms. Aesthetics Accelerator’s descriptions of, or references to, products or services not owned by Aesthetics Accelerator are not intended to imply endorsement of that product or service, or constitute a warranty by Aesthetics Accelerator.
SECTION 11 – DISCLAIMER – YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY
Every aesthetic business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR BRAND, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
Aesthetics Accelerator does not promise, guarantee, or warrant your business’ success, income, or sales. Those businesses who purchase our products or services will receive access to course material and tools to better manage the day to day operations of your aesthetic business. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the course material and tools we provide may or may not be applicable to your specific business. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our course material, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
SECTION 12 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS
You represent and warrant that you operate a business in good standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Aesthetics Accelerator’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other course material, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify Aesthetics Accelerator if any investigation or lawsuit is threatened or filed against you, whereupon Aesthetics Accelerator shall have the right to terminate this Agreement without liability. Aesthetics Accelerator shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by your business including, but not limited to, taxes which may apply to voluntary donations provided by your customers (as described in Section 13 below). Aesthetics Accelerator shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify Aesthetics Accelerator as set out in Section 21 below in the event that you and/or your business violates any law and a claim is threatened or asserted against Aesthetics Accelerator as a result.
SECTION 13 – COMMISSIONS PROGRAM AND INDEPENDENT AESTHETICS ACCELERATOR AFFILIATE PROGRAM
Aesthetics Accelerator may offer you an opportunity to become an independent Aesthetics Accelerator Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Aesthetics Accelerator services that you sell to other users. Aesthetics Accelerator reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed in the Aesthetics Accelerator Affiliate Agreement.
For avoidance of doubt, Affiliates are independent contractors and are not employees or agents of Aesthetics Accelerator. Affiliates have no authority to act on behalf of or bind Aesthetics Accelerator. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred. Sections 18 and 20 below – in their entirety (as well as all other terms in this Agreement) – apply to Affiliates, and further govern the relationship between Aesthetics Accelerator and each Affiliate.
Affiliates are responsible for following local, state, and federal laws, including but not limited to those laws outlined in Section 16 below and avoiding making misrepresentations or creating the wrong net impression of the products and services offered by Aesthetics Accelerator.
To find out more information about the Affiliate program and the additional terms that apply, please click here. For avoidance of doubt, all Sections of these Terms and Conditions apply to you in your role as Affiliate, unless expressly provided otherwise.
SECTION 14 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Aesthetics Accelerator is pleased to hear from users and clients and welcomes your comments regarding our services and products. Aesthetics Accelerator may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Aesthetics Accelerator’s services or products, in printed and online media, as Aesthetics Accelerator determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. As set forth above in Section 11, your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond Aesthetics Accelerator’s control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Aesthetics Accelerator a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
Additionally, Aesthetics Accelerator reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Aesthetics Accelerator shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
SECTION 15 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SYSTEM OR DATA, (B) THE WEBSITE, COURSE MATERIAL, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, COURSE MATERIAL, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to protect, defend, indemnify and hold harmless Aesthetics Accelerator, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third-party claim against Aesthetics Accelerator for liability for payments for, damages caused by, or other liability relating to, You.
SECTION 16 – LIMITATIONS OF LIABILITIES
IN NO EVENT SHALL AESTHETICS ACCELERATOR’S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO AESTHETICS ACCELERATOR FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST AESTHETICS ACCELERATOR OCCURRED OR ONE-THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER.
SECTION 17– DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Idaho without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and Aesthetics Accelerator agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Aesthetics Accelerator expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with Aesthetics Accelerator, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 18 – AESTHETICS ACCELERATOR’S ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to Aesthetics Accelerator, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Aesthetics Accelerator or a third-party, Aesthetics Accelerator shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Oakland County, Michigan restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Aesthetics Accelerator from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Oakland County, Michigan for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 19 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Aesthetics Accelerator, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, course material, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 20 – NOTICE AND TAKEDOWN PROCEDURES; DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Aesthetics Accelerator a notice requesting that Aesthetics Accelerator remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Aesthetics Accelerator a counter-notice. Notices and counter-notices should be sent to Aesthetics Accelerator by e-mail to info@AestheticsAccelerator.com.
SECTION 21 – THIRD-PARTY LINKS
SECTION 22 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Aesthetics Accelerator or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Aesthetics Accelerator. Upon termination, you remain responsible for any outstanding payments to Aesthetics Accelerator.
SECTION 23 – NO WAIVER
No failure or delay on the part of Aesthetics Accelerator in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Aesthetics Accelerator.
SECTION 24 – GOVERNING LAW AND VENUE
SECTION 25 – FORCE MAJEURE
Aesthetics Accelerator will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 26 – ASSIGNMENT
Aesthetics Accelerator may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Aesthetics Accelerator’s (or its assigns’) express written consent.
SECTION 27 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with Aesthetics Accelerator through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 28 – CHANGES TO THE AGREEMENT
SECTION 29 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service or course materials that you obtain from the Website. You further represent that Aesthetics Accelerator has the right to rely upon all information provided to Aesthetics Accelerator by you, and Aesthetics Accelerator may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Aesthetics Accelerator of the same within 24 hours. Aesthetics Accelerator, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Aesthetics Accelerator without incurring any obligation or liability to you.
SECTION 30 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 31 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Aesthetics Accelerator and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Aesthetics Accelerator. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 32 – CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to info@AestheticsAccelerator.com.
SECTION 33 – DATA PRIVACY SHIELD – GDPR
What is GDPR? It is the EU Data Privacy Shield that becomes effective on May 25, 2018. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under European Union. The “Personal Data” definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted. Aesthetics Accelerator complies with GDPR.
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