TERMS OF SERVICE
By accessing or using the Website, you are agreeing that you have read and accept the following terms and conditions. East Hill Massage and Aesthetics reserves the right, at any time and at its sole discretion, to modify the terms and conditions of the Agreement by posting such modified terms and conditions on the Website, and you are agreeing to such modifications by your continued access and use of the Website. If you do not agree to any of these terms and conditions, please do not use the Website.
REGISTRATION AND COMMUNICATIONS.
You agree to provide true, accurate, current and complete information about you as prompted by the Website and related forms.
When you provide to us a phone number for a cellular or mobile device or an email address, you agree that we may communicate with you to provide our products and services to you; to send promotional e-mails, text messages and information about our company; and for internal marketing and promotional purposes.
PASSWORDS AND YOUR OBLIGATIONS.
You may be required to create an account and to select a unique user name and password in order to be able to access and use the certain services provided in connection with the Website. You are solely responsible for the activity that occurs on your account, including any uploads of User Submittals and User Content (as defined herein), whether or not in fact authorized by you. You are responsible for maintaining the confidentiality and security of your user name and password. If you have any reason to believe that there has been a breach of security or unauthorized use regarding your user name or password, you must promptly notify East Hill Massage and Aesthetics in writing and change your password on the Website.
ACCESS AND Use of the WEBSITE.
During the term of this Agreement, East Hill Massage and Aesthetics grants to you a non-transferable, non-exclusive and non-sublicensable right and license to access and use the Website solely for your immediate personal, non-commercial use. Any other use of the Website other than as expressly set forth herein without East Hill Massage and Aesthetics’ prior written consent is strictly prohibited and all implied licenses are disclaimed.
You are responsible for obtaining access to the Website and for all equipment necessary to access the Website and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider charges). You are responsible for all charges associated with connecting you to the Website, including, without limitation, all telephone, equipment, airtime and internet service provider charges.
All sales of our products and services, including without limitation, gift certificates, are final except as follows: products that are in their undamaged, unopened original packaging may be returned within thirty (30) days of purchase solely for either exchange with another product or for exchange for a store credit voucher.
USER SUBMITTALS AND USER CONTENT.
In connection with your use of the Website, you may be allowed to submit contributions, ideas, feedback, and suggestions about the Website, including without limitation, comments, notes, messages or other related communications. In connection with your use of the Website, you may provide certain information to the Website, including without limitation, name, address and other personally identifiable information about you in connection with the services provided by accessing and using the Website. You shall be solely responsible for the consequences of transmitting them via the Website.
You shall retain any ownership rights in and to the user submittals and the associated intellectual property rights therein. You hereby grant to East Hill Massage and Aesthetics a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, sub-license through multiple tiers of sublicensees, create derivative works from, modify, publish, edit, translate, distribute, and publicly perform, execute, and display the user submittals and any related intellectual property rights in any media or medium, or any form, format, or forum now known or hereafter developed for any legal purposes whatsoever.
You shall retain any ownership rights in and to the User Content and the associated intellectual property rights therein. However, you hereby grant to East Hill Massage and Aesthetics a royalty-free, perpetual, irrevocable, world-wide, non-exclusive license to use the User Content to fulfill its obligations under this Agreement.
INTELLECTUAL PROPERTY RIGHTS.
You acknowledge and agree that East Hill Massage and Aesthetics owns all right, title and interest in and to the Website and any and all copyrights, trademarks, patents, trade secrets and any other intellectual property and proprietary rights therein.
The “look and feel” of the Website, meaning, the structure, sequence and layout of the audiovisual components of the Website as perceived by you, including without limitation, the color combinations, and all other graphical and navigational elements, design for which was dictated by artistic and aesthetic considerations and not by utilitarian or mechanical ones, are also proprietary to East Hill Massage and Aesthetics and fully protected under U.S. and international copyright and trademark laws.
East Hill Massage and Aesthetics’ name and logo, and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of East Hill Massage and Aesthetics and may not be used or modified in any manner without the prior written consent of East Hill Massage and Aesthetics.
You agree that East Hill Massage and Aesthetics, at its sole discretion, may terminate or suspend your access to and use of the Website, at any time and for any reason whatsoever, including without limitation, for lack of use, or if there are reasonable grounds to suspect that you provided any Registration Data that is untrue, inaccurate, not current or incomplete, or if East Hill Massage and Aesthetics believes, in its sole discretion, that you have violated or acted inconsistently with the terms and conditions of this Agreement. East Hill Massage and Aestheticss reserves the right from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that East Hill Massage and Aesthetics shall not be liable to you or to any third party for any modification, suspension or discontinuance.
You represent and warrant to East Hill Massage and Aesthetics that: (i) you are at least 18 years old or a parent or legal guardian acting on behalf of a visitor under such age; (ii) in the event you are an entity, you have the full right, power and authority to enter into this Agreement on behalf of such entity; (iii) the performance by you of your obligations and duties hereunder, do not and will not violate any agreement to which you are a party or by which you are otherwise bound; (iv) the Registration Data, the User Submittals and the User Content do not infringe the intellectual property or proprietary rights, including without limitation, patents, copyrights, trademarks and trade secrets, of any third party; and (v) you will not submit any material that may disrupt or interfere with hardware or software operating the Website.
LINKS TO OTHER SITES.
Visitors to the Website should be aware that when they are on the Website, they could be directed to other web sites that are beyond our control. There may be several links to other web sites from the Website pages that take you outside our service. East Hill Massage and Aesthetics has no control over these web sites and is not responsible or liable for the policies, actions or content of such web sites. These web sites are linked only for your convenience and you access them at your own risk. We encourage you to review the terms of service and privacy policies available at these other web sites.
You agree to indemnify, defend and hold harmless East Hill Massage and Aesthetics, its employees, directors, officers, agents and its affiliates from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or resulting from this Agreement or the Website including, but not limited to: (i) your breach of any representations, warranties or covenants set forth herein; and (ii) your violation of any rights of any third party, including without limitation, any trademark, copyright, patent, trade secret or other intellectual property or proprietary rights. The provisions of this Section shall survive the termination of this Agreement and your access to the Website.
LIMITATION OF LIABILITY.
YOU UNDERSTAND AND AGREE THAT EAST HILL MASSAGE AND AESTHETICS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES, EVEN IF EAST HILL MASSAGE AND AESTHETICS, ITS OFFICERS, CONTRACTORS, AGENTS, AND/OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EAST HILL MASSAGE AND AESTHETICS’ CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS U.S. ($1,000.00 U.S.).
If you are a copyright owner or an agent thereof and believe that any materials or other information, including without limitation, data, images, or any other information that are located within the Website (the “IP”) without your prior consent, infringe on your copyrights, you may submit a notification to East Hill Massage and Aesthetics with the following: (i) a list and identification of such IP; (ii) identification of where such IP is located within the Website; (iii) your name, address, telephone number and email address; (iv) a statement executed by you that the information provided regarding such IP is truthful and accurate, and that, under a penalty of perjury, you are authorized to act on behalf of an owner with an exclusive rights that is allegedly infringing; (v) a statement that you have a good faith belief that such IP is located within the Website without your prior consent; and (vi) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This Agreement constitutes the entire agreement between you and East Hill Massage and Aesthetics with respect to the subject matter herein and governs your use of the East Hill Massage and Aesthetics Website, superseding any prior agreements between you and East Hill Massage and Aesthetics, but this Agreement may be supplemented by any other agreement you enter into with East Hill Massage and Aesthetics pursuant to your participation in other features of the Website. You further acknowledge and agree that you may not assign any part of this Agreement without East Hill Massage and Aesthetics’ prior written consent. This Agreement shall inure to the benefit of each party’s successors and assigns. East Hill Massage and Aesthetics shall not be deemed to be in breach of the Agreement and thereby liable to you or any third party for any delays in the performance of its obligations hereunder caused by fire, explosion, act of God, strikes, war, riot, government regulation, bandwidth limitations, Internet connectivity, or act or any other cause beyond the reasonable control of East Hill Massage and Aesthetics. The failure of East Hill Massage and Aesthetics to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to the use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.