Pure Touch Skin Center Website Terms and Conditions and Mobile Application End-User License Agreement
The Pure Touch Skin Center website located at www.puretouchlaser.com (the “Site”), and Pure Touch Skin Center Mobile Application (“App”), are owned and operated by Pure Touch Skin Center. and Pure Touch Skin Center LLC (collectively, “Pure Touch Skin Center,” “we,” “our” or “us”). Each end-user (“User,” “you” or “your”) agrees to the following Pure Touch Skin Center Website Terms and Conditions and Mobile Application End-User License Agreement (“Terms and Conditions”), in their entirety, when she/he: (a) accesses or uses the Site; (b) downloads, or attempts to download, the App; (c) accesses and/or views any of the blog posts (“Blog Posts”), videos, audio, stories, testimonials, text, photographs, graphics, artwork and/or other content featured on the Site and/or App, as made available by Pure Touch Skin Center (collectively, the “Content”); (d) accesses links to Pure Touch Skin Center’s social media pages/accounts on third party social media websites, such as Facebook®, Instagram® and Twitter® (collectively, “Social Media Pages”); (e) utilizes the contact form and/or other functionality as a means to book a service appointment and/or request being contacted by Pure Touch Skin Center (collectively, “Contact Services”); (f) signs up for the Pure Touch Skin Center special offers newsletter (“Newsletter”); (g) enters certain promotions, contests and/or sweepstakes offered by Pure Touch Skin Center by and through the Site, App and/or otherwise, from time-to-time (collectively, “Promotions”); and/or (h) purchases any of the gift cards, services packages or other items made available by and through the Site and/or App (collectively, the “Products” and together with the Site, App, Content, Social Media Pages, Contact Services, Newsletter and Promotions, the “Pure Touch Skin Center Offerings”).
Facebook® and Instagram® are registered trademarks of Facebook, Inc. (“Facebook”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that Pure Touch Skin Center is not in any way affiliated with Facebook or Twitter, and the Pure Touch Skin Center Offerings are not endorsed, administered or sponsored by Facebook or Twitter.
The Content, Blog Posts, and other material made available by and through the Pure Touch Skin Center Offerings: (a) are not intended to diagnose, treat, cure or prevent any skincare or other medical condition or disease; (b) are not in any way intended as skincare and/or medical advice or as a substitute for skincare and/or medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician. You should always consult with your physician or other healthcare professional before utilizing any Products and/or adopting any treatment for a health problem and/or skincare condition, whether offered by and through the Pure Touch Skin Center Offerings or otherwise. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site, in the App or in connection with any other Pure Touch Skin Center Offerings.
- Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and Pure Touch Skin Center with respect to Users’ use of the Pure Touch Skin Center Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site and in the App, and you should review the Agreement prior to using the Pure Touch Skin Center Offerings. By your continued use of any of the Pure Touch Skin Center Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
- Requirements; Necessary Equipment. The Pure Touch Skin Center Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Pure Touch Skin Center Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) and/or if that User is unable to enter into legally binding contracts under applicable law, that User does not have permission to use and/or access the Pure Touch Skin Center Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Pure Touch Skin Center Offerings. Pure Touch Skin Center does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Pure Touch Skin Center does not guarantee that the Pure Touch Skin Center Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; and/or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the App. You are fully responsible for all such charges and Pure Touch Skin Center has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
- Registration; App Installation/Uninstall; and/or Termination of Access to the Pure Touch Skin Center Offerings.
(a) Installation/Download Venues. Pure Touch Skin Center believes in providing Users with clear, concise and complete disclosure before Users download and install the App, including a description of the primary functions of the App. The App requires User’s consent prior to installation. Pure Touch Skin Center does not believe that Users should be deceived into downloading or installing the App. Users may be able to download the App by and through the iTunes Store®, Google Play® store and other applicable venues (“Download Venues”).
Google Play® is a registered trademark of Google, Inc. (“Google”). iTunes® is a registered trademark of Apple, Inc. (“Apple”). Please be advised that Pure Touch Skin Center is not in any way affiliated with Apple or Google, and the Pure Touch Skin Center Offerings are not endorsed, administered or sponsored by Apple or Google.
(b) Registration. In connection with completing the App download and/or Site registration process, and in connection with your use of certain of the Pure Touch Skin Center Offerings, Pure Touch Skin Center will collect your: (i) full name; (ii) e-mail address; (iii) billing/mailing address; (iv) telephone number; (v) credit card information (where you wish to purchase Products); (vi) what treatments you are interested in; (vii) what days and times you prefer for treatments; (viii) when you prefer to be contacted; (ix) any additional comments that you wish to make; and/or (x) any other information requested on the applicable form (collectively, “Registration Data”).
(c) Uninstall. The App can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional “uninstall” app function contained within your mobile device. Please be advised that in some instances, you may be required to restart your mobile device before all remnants of the App are completely uninstalled and removed from your mobile device. If you experience any problems installing and/or uninstalling the App, please contact us via e-mail: email@example.com
(d) Termination. Pure Touch Skin Center may terminate a User’s access to the Pure Touch Skin Center Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Pure Touch Skin Center believes that such User is: (i) in any way in breach of the Agreement; and/or (ii) engaged in any improper conduct in connection with the Pure Touch Skin Center Offerings.
THE APP IS NOT SPYWARE OR ADWARE. THE APP WILL NOT MONITOR HOW YOU USE YOUR MOBILE DEVICE, NOR WILL IT DELIVER ADVERTISEMENTS TO YOUR MOBILE DEVICE OTHER THAN WITHIN THE APP ITSELF.
4. License Grant; Usage Restrictions; Ownership.
(a) License Grant/Termination. Subject to the terms and conditions of the Agreement, Pure Touch Skin Center hereby grants to you a personal, non-exclusive, non-transferable, revocable and limited license to access and use the Pure Touch Skin Center Offerings. Pure Touch Skin Center may terminate this license or disable, remove or change the App, Site and/or any portion of the other Pure Touch Skin Center Offerings in its sole discretion at any time, with or without notice, by remote updates or otherwise. The license set forth above shall be in effect from the time that you access the Site and/or install the App, as applicable, and shall remain in effect unless and until this license is terminated by Pure Touch Skin Center. In addition, this license will terminate immediately if you fail to comply with any term or condition of the Agreement. You agree upon expiration or termination of this license to immediately un-install the App and cease using the Site.
(b) License/Usage Restrictions. THE APP, SITE AND OTHER PURE TOUCH SKIN CENTER OFFERINGS ARE LICENSED TO YOU, NOT SOLD. YOU MAY NOT SUBLICENSE, ASSIGN, RESELL, SHARE, PLEDGE, RENT OR TRANSFER ANY OF YOUR RIGHTS UNDER THE AGREEMENT IN RELATION TO THE APP, SITE, THE OTHER PURE TOUCH SKIN CENTER OFFERINGS OR ANY PORTION THEREOF. EXCEPT AS EXPRESSLY PERMITTED BY COPYRIGHT LAWS, NO COPYING, REDISTRIBUTION, DISPLAYING, PERFORMING, REPRODUCING, LICENSING, TRANSFERRING OR PUBLICATION OF PURE TOUCH SKIN CENTER OFFERINGS IS PERMITTED WITHOUT THE EXPRESS PERMISSION OF PURE TOUCH SKIN CENTER, WHICH CONSENT SHALL BE GRANTED IN PURE TOUCH SKIN CENTER’ SOLE AND ABSOLUTE DISCRETION. ANY SUCH COPY THAT IS MADE IS SUBJECT TO THE PROVISIONS OF THE AGREEMENT, AND ALL TITLES, TRADEMARKS, COPYRIGHT NOTICES AND OTHER LEGENDS SHALL BE REPRODUCED ON SUCH COPY. YOU MAY NOT MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR CREATE DERIVATIVE WORKS OF ANY PURE TOUCH SKIN CENTER OFFERINGS OR OTHERWISE ATTEMPT TO: (i) DEFEAT, AVOID, BYPASS, REMOVE, DEACTIVATE OR OTHERWISE CIRCUMVENT ANY PROTECTION MECHANISMS ASSOCIATED WITH THE PURE TOUCH SKIN CENTER OFFERINGS INCLUDING, WITHOUT LIMITATION, ANY SUCH MECHANISM USED TO RESTRICT OR CONTROL THE FUNCTIONALITY OF THE PURE TOUCH SKIN CENTER OFFERINGS; OR (ii) DERIVE THE SOURCE CODE OR THE UNDERLYING IDEAS, ALGORITHMS, STRUCTURE OR ORGANIZATIONAL FORM OF THE APP, SITE OR OTHER PURE TOUCH SKIN CENTER OFFERINGS. YOU SHALL NOT USE THE APP, SITE OR OTHER PURE TOUCH SKIN CENTER OFFERINGS TO DEVELOP ANY PRODUCT AND/OR SERVICE THAT HAS THE SAME OR ANY SIMILAR FUNCTION TO ANY OF THE PURE TOUCH SKIN CENTER OFFERINGS.
(c) Export/Usage Restrictions. You agree that the App may not be transferred or exported into any other country, or used in any manner prohibited by U.S. or other applicable export laws and/or regulations. The Pure Touch Skin Center Offerings are subject to, and you agree that you shall at all times comply with, all local, state, national and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Pure Touch Skin Center Offerings. You agree not to use the Pure Touch Skin Center Offerings: (i) for any commercial purposes; or (ii) to conduct any business or activity, or solicit the performance of any activity, which is prohibited by law or any contractual provision by which you are bound.
(d) Ownership. Pure Touch Skin Center is the sole and exclusive owner of the Pure Touch Skin Center Offerings, and Pure Touch Skin Center expressly reserves all right, title and interest in and to the Pure Touch Skin Center Offerings including, without limitation, the subject computer code, characters, objects, themes, concepts, artwork, graphics, sounds, methods of operation, moral rights, documentation, text and any and all associated copyrights, trademarks and other intellectual property rights associated therewith. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed at or through the Pure Touch Skin Center Offerings. The posting of information or material by Pure Touch Skin Center by and through the Pure Touch Skin Center Offerings does not constitute a waiver of any right in or to such information and/or materials.
5. Content. The Site and App contain Content which includes, but is not limited to, regularly updated Blog Posts, a description of Pure Touch Skin Center’s practice areas and other materials regarding the Pure Touch Skin Center Offerings. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, on the Site and in the App.
6. Purchasing Products.
(a) Standard Purchases. Upon completing the applicable form associated with the purchase of the Product(s) that you have added to your shopping cart, and upon providing the requisite Registration Data, the credit card that you provided on the form (“Active Credit Card”) will be charged the applicable purchase price for the Product(s), plus applicable sales tax.
(b) Pay For Treatment. After completing your treatment in any of Pure Touch Skin Center locations, upon choosing pay online option, after adding the treatment amount to your shopping cart, and providing the requisite Registration Data, the credit card that you provided on the form (“Active Credit Card”) will be charged the applicable price for the treatment you have received. Also by agreeing to the terms and conditions YOU acknowledge that YOU received the satisfactory and full service as YOU requested and was described & explained. Therefore, NO RETURN OR NO REFUND.”
(c) Subscription Purchases. Where you register for the subscription option in order to obtain your selected Products automatically, pursuant to the selected schedule, your Active Credit Card will be charged the applicable amount on a periodic, recurring basis every thirty (30) days (or other applicable period) that your subscription plan (“Plan”) remains active, depending on the period that you selected in connection with your Plan. You acknowledge and agree that Pure Touch Skin Center will not obtain any additional authorization from you for these recurring payments. Every time that you receive Products in connection with your Plan, you re-affirm that Pure Touch Skin Center is authorized to bill to your Active Credit Card and to have the fees applied to same. You may cancel your Plan at any time by following the instructions set forth on the Site, in the App and/or e-mailing Pure Touch Skin Center at: firstname.lastname@example.org . We will not refund fees paid prior to the termination date and each User will remain liable for any unpaid charges previously billed to that User’s Active Credit Card.
(d) General. ALL SALES ARE FINAL AND NON-REFUNDABLE. The fees associated with your purchases will appear on your Active Credit Card statement through the identifier “Pure Touch Laser Center”. All prices displayed on the Site and in the App are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Product(s) does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Pure Touch Skin Center in effect at any given time. Upon reasonable prior notice to you (with Site/App-updates and/or e-mail sufficing), Pure Touch Skin Center reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site, App and/or purchase of Product(s) after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
(e) Authorization. Pure Touch Skin Center’s authorization to provide and bill for the Product(s) is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Pure Touch Skin Center’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
7. Social Media Pages. The Site and App contain links to the various Pure Touch Skin Center Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Pure Touch Skin Center shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
8. Promotions. From time-to-time, Pure Touch Skin Center offers Promotions by and through the Pure Touch Skin Center Offerings. By providing true and accurate information in connection with the applicable Promotions form(s) and agreeing to the Contest Rules applicable to each Promotion, Users can obtain, or attempt to obtain, a chance to win the prizes and other awards offered through each Promotion, if any. Each User understands and agrees that Pure Touch Skin Center shall not be liable to such User or any third party for any claim in connection with that User’s participation in any of the Promotions.
9. Representations and Warranties. Each User hereby represents and warrants to Pure Touch Skin Center as follows: (a) the Agreement constitutes such User’s legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; (b) such User understands and agrees that such User has independently evaluated the desirability of utilizing the Pure Touch Skin Center Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement; and (c) such User’s performance under the Agreement and such User’s use of the Pure Touch Skin Center Offerings will not: (i) invade the right of privacy or publicity of any third person; (ii) violate any applicable law; and/or (iii) otherwise infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of publicity, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity.
10. Indemnification. Each User agrees to indemnify, defend and hold Pure Touch Skin Center, its employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to: (a) any dispute between that User and any other User or third party; (b) User’s use of the Pure Touch Skin Center Offerings in violation of any applicable law; and/or (c) User’s use of the Pure Touch Skin Center Offerings in any manner whatsoever.
11. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Pure Touch Skin Center Offerings is a violation of criminal and civil law and Pure Touch Skin Center will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
12. Disclaimer of Warranties. THE PURE TOUCH SKIN CENTER OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PURE TOUCH SKIN CENTER MAKES NO WARRANTY THAT THE PURE TOUCH SKIN CENTER OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC SKINCARE BENEFIT, MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE PURE TOUCH SKIN CENTER OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PURE TOUCH SKIN CENTER WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE PURE TOUCH SKIN CENTER OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM PURE TOUCH SKIN CENTER OR OTHERWISE THROUGH OR FROM THE PURE TOUCH SKIN CENTER OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
13. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT PURE TOUCH SKIN CENTER SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PURE TOUCH SKIN CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE PURE TOUCH SKIN CENTER™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE PURE TOUCH SKIN CENTER™ OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND/OR THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER’S REGISTRATION DATA; (E) THE FAILURE TO REALIZE ANY SPECIFIC SKINCARE BENEFIT, MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND (F) ANY OTHER MATTER RELATING TO THE PURE TOUCH SKIN CENTER™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES PURE TOUCH SKIN CENTER™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF PURE TOUCH SKIN CENTER TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE PURE TOUCH SKIN CENTER OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR PURE TOUCH SKIN CENTER MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND PURE TOUCH SKIN CENTER. ACCESS TO THE PURE TOUCH SKIN CENTER OFFERINGS WOULD NOT BE PROVIDED TO ANY USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF PURE TOUCH SKIN CENTER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. Third Party Websites. The Pure Touch Skin Center Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites. Pure Touch Skin Center does not control the information, products or services made available on or through these third party websites. The inclusion of any link does not imply endorsement by Pure Touch Skin Center of the applicable website or any association with the website’s operators. Because Pure Touch Skin Center has no control over such websites and/or resources, each User agrees that Pure Touch Skin Center is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third parties. Each User further agrees that Pure Touch Skin Center shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website.
15. Editing, Deleting and Modification. Pure Touch Skin Center reserves the right in its sole discretion to edit and/or delete any documents, information or content appearing on the Site and/or by and through the App.
17. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Pure Touch Skin Center and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Pure Touch Skin Center incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site and/or App, as applicable.
18. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Pure Touch Skin Center Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence provided, however, that with respect to the Promotions, to the extent that anything in these Terms and Conditions is inconsistent with the applicable Contest Rules, those Contest Rules, as applicable, shall take precedence. Pure Touch Skin Center’ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Pure Touch Skin Center may, with or without notice to you and in its sole discretion, assign the Agreement and/or any of its rights or delegate its duties under the Agreement to any third party for any purpose. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
19. Electronic Signatures. You acknowledge and agree that by clicking on the submit button, or taking such other action as may be designated by Pure Touch Skin Center as a means of accepting the Agreement, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the Agreement. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PURE TOUCH SKIN CENTER OFFERINGS. Further, you hereby waive any right or requirement under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires: (a) an original signature; (b) delivery or retention of non-electronic records; and/or (c) payments, or the granting of credits, by other than electronic means.
Contact Us. If any User has any questions about the Agreement, Pure Touch Skin Center Offerings or the practices of Pure Touch Skin Center, that User can email us as at email@example.com 818-986-1077.