TERMS AND CONDITIONS
By accessing, using, or viewing the Adryan Essentials Website (the “Website”) or any of its services, functions or contents, you agree to each of the following terms, conditions and notices which govern your use of the Website and your review of spa and medical services on the Website. The terms “we,” “our,” and “us” refer to Adryan Essentials All medical procedures and other cosmetic medical services are performed solely by Adryan Essentials, under the supervision of Amanda Ryan.
It is our policy to enforce its intellectual property rights to the fullest extent permitted under law. The entire contents of the Website, including but not limited to any associated text, software, photos, video, graphics, audio and other materials, are protected by international copyright and trademark laws. We own or license the copyrights to all content on the Website and all of the trademarks, service marks, trade names, service names, trade dress and products on the Website (“Content”). Except for accessing the Website in accordance with these Terms and Conditions for personal and internal purposes, you may not use, modify, copy, reproduce, republish, upload, post, transmit, decompile, reverse engineer, disassemble, distribute or otherwise exploit any of the Content, in whole or in part, without our express written permission or, in the case of content licensed by us from third parties, the entity that is credited as the copyright holder of such licensed content. Except as set forth above, nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content without our written permission. Any and all rights not expressly granted herein are reserved by us. The Website and the information contained and referenced herein are for informational purposes only. Request for permission to reproduce any information contained on the Website should be addressed to us at the address listed on our Contact Us web page.
Use of the Website
The Website is to be used by you for your personal use only. Commercial uses of this Website are strictly prohibited unless prior written consent from us has been granted. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Website. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Website or any contents or information contained therein, unless you obtain prior express written consent from us. You agree that you will not directly or indirectly export, re-export, or knowingly permit the export or re-export, of the Website or any Content to any country or otherwise use the Website or any Content in violation of any applicable export or other laws and regulations of the U.S. or any other country. You agree not to use the Website or the Content to: (i) restrict or inhibit others from using and enjoying the Website; (ii) gain unauthorized access to other accounts on the Website, or other computer systems or networks; (iii) store, collect or disclose any information except as strictly necessary to use the Website; (iv) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact; (v) frame or utilize framing techniques to enclose www.skinhealthexperts.com or any portion thereof; (vi) collect account information for the benefit of yourself or another party; and (vii) use any meta tags or any other “hidden text” utilizing our name or the trademarks or to otherwise use the trademarks. You agree not to use the Website or the Content to transmit or upload: (i) unauthorized advertising, promotional materials, junk mail, “spam,” chain letters or any other form of unauthorized solicitation; (iii) any material that violates or infringes the rights of third parties; (iv) any virus, worms, time bombs or any programs or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; and (v) any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortious, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent. Without limiting the foregoing, you agree to comply with all applicable laws, rules and regulations that apply to your use of the Website. You, and not Adryan Essentials shall be responsible for ensuring that your use of the Website and Content does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, U.S. law regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to the Website.
The Website contains information about certain spa and medical services authorized in the United States, and is intended for a United States audience. If you live outside the United States, you may see information on the Website about spa or medical services that may not be available or authorized in your country. We may cancel or modify your order on the Website if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Website, including same day cancellations or no-shows, may apply to your spa or medical service and are incorporated by reference herein. The Website has been designed to provide general information about us and our business and to offer the opportunity to review our spa and medical services. The information provided at the Website is not intended to provide medical advice. You should not construe our publication of any content on the Website as any warranty or guarantee of any strategy, recommendation, treatment, action or application of any spa or medical service. All material and information presented by Adryan Essentials is intended to be used for educational or informational purposes only. Your use of this Website is subject to these Terms and Conditions. The statements made about the spa or medical services have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and services are not intended to diagnose, treat, cure or prevent any condition or disease. Use of this Website is not meant to serve as a substitute for professional medical advice: this Website is solely an online storefront of our spa and medical services. Please consult with your own physician or health care practitioner regarding the use of any information received from this Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions and this Website does not replace any medical professional or medical resource. We do not represent ourselves as a physician nor is it implied. No prescription medications or medical treatments are intentionally provided on this Website. If you are in need of medical attention, call 911 or your physician immediately.
In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order or account registration form (the “Registration Data”). If we suspect that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If you are a under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms and Conditions. If you do not qualify, do not use the Website.
You agree that all ideas, comments, suggestions or other information that you provide to us regarding the Website or services listed on the Website (the “Feedback”) shall be our property, and may be used by us on a non-confidential and unrestricted basis, without compensation to you. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, you hereby grant us an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, publish, sell, assign, transmit and distribute them in any form, media, or technology, and agree that we are free to use them for any purpose.
The testimonial section of the Website is for the purpose of sharing positive experiences that you had with Adryan Essentials with certain spa or medical services or with certain companies associated with Adryan Essentials Published testimonials are genuine, but Adryan Essentials reserves the right to edit or alter such to remove personal information, statements that may be a violation of law, or statements that may infringe on the rights of Adryan Essentials or third parties. You give us permission to reprint or use the testimonial in connection with our business (including but not limited to the marketing and selling of various spa and medical services, as well as the marketing of Adryan Essentials . You are agreeing to the following: (1) the reprint or use of the testimonial will be at our discretion and without compensation to you; (2) we may use the testimonial with or without any name credit; (3) our right to use the testimonial is perpetual and may be assigned by us; (4) We may use the testimonial locally, nationally or globally and such use may be made in any media, information or communication platform (including Internet advertising) currently in use or later developed; and (5) Adryan Essentials may allow any of its parents, subsidiaries or affiliates to use the testimonial in the same manner as set forth herein but in relation to their businesses and websites.
Third Party Content
We may provide content of third parties (“Third Party Content”) as a service to those interested in this information. We do not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. We are not responsible for updating or reviewing the Third Party Content. You use the Third Party Content at your own risk.
You agree that we have no obligation to, but may monitor and review information you transmit over the Website. You agree that the we may censor, edit, remove or prohibit the transmission or receipt of any information that we deem inappropriate or in violation of these Terms and Conditions, and use any such information as necessary to provide the Website and to protect our rights. You agree that we may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
This Website and our emails may include links to other websites. We provide such links solely as a convenience to you and for informational purposes only. We have not reviewed all of the information on these other websites. The inclusion of these links in no way indicates our endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such websites. Neither we, nor any other providers of services related to this Website, shall be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk. Other websites may include links to the Website. The inclusion of such links does not indicate the other website’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Website.
Advertising Disclosure, Accuracy
Product descriptions of Kate Somerville posted on our product pages are the representations of Kate Somerville Skincare, LLC. The Website may contain technical inaccuracies or typographical errors or omissions. We are not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. We reserve the right to make changes, corrections and/or improvements to the Website, and to the products and programs described in such information, at any time without notice.
We and any other providers of products or services on the Website are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, we and any other providers of products or services related to this Website are not responsible for incorrect or inaccurate entry information, whether caused by you or by any of the equipment or programming associated with the Website, or by any technical or human error that may occur in the processing of any information related to the Website.
YOU AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK. THIS WEBSITE AND ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR SUBSIDIARIES AND AFFILIATES (A) MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER (i) REGARDING THE WEBSITE, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ASSOCIATED MATERIALS OR ANY LINKED SITE; OR (ii) THAT THE MATERIALS ON THIS WEBSITE CONFORM TO YOUR LOCAL LAWS (IF YOU ARE ACCESSING THIS WEBSITE FROM A LOCATION OUTSIDE CALIFORNIA, YOU ACKNOWLEDGE THAT YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS); (B) HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THIS WEBSITE, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS WEBSITE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. WE may change the Website at any time, including WITHOUT LIMITATION to the products and prices describeD in the site, but do not assume any responsibility to update it.
YOU RELY ON THE SERVICES PROVIDED BY US SOLELY AT YOUR OWN RISK. ADVICE, OPINIONS AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW , WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN TRANSMISSION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IF YOU ARE DISSATISFIED WITH THE WEBSITE, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US RELATED TO THE WEBSITE OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IN THE ABSENCE OF THIS LIMITATION OF LIABILITY THESE TERMS AND CONDITIONS WOULD BE MATERIALLY DIFFERENT OR YOU WOULD NOT BE GRANTED ACCESS TO THE WEBSITE.
You shall indemnify, defend and hold harmless Adryan Essentials its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys’ fees, accounting fees, and expert witness fees arising out of or related to (i) your use of the Website or the Content and (ii) any breach or non-compliance by you of these Terms and Conditions. We shall have the right at our own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without our prior written consent. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Any cause of action or claim you may have with respect to the Website or these Terms and Conditions (including but not limited to the purchase of any spa or medical services) must be commenced within one (1) year after the claim or cause of action arises, shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflict of law provisions. We reserve the right to seek all remedies available at law or in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to the Website. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, County of Los Angeles. Arbitration under this agreement shall be conducted under the rules then prevailing of the Consumer Related Disputes Supplementary Rules. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Modification of Terms
We may at any time amend, modify or supplement any terms and conditions applicable to the Website, and your continued use of the Website will constitute your acceptance of any such amendment, modification, or supplementation.
You may terminate this agreement by providing written notice to us. Upon such termination, you shall cease all use of the Website and we shall be permitted to delete your account and any and all information associated therewith; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.
Changes to the Policy
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
If you have any questions about the Terms and Conditions, please contact us by sending a letter or email to: Adryan Essentials 1545 Bethel Rd., Ste. 200A, Columbus, OH 43220 or email@example.com.