Terms of Service
Last Revised October 26, 2022
1. ACCEPTANCE OF TERMS
This “Site” (as defined below) is owned and operated by Touch Aesthetics, LLC. (“Salon, “us” or “we”) These terms of service (the “Terms of Service”, “TOS” or “Agreement”) set forth the legal terms and conditions governing your use of our website located at www.touchaesthetics.com and any other online and mobile websites and interactive applications operated by Touch Aesthetics that are related to www.touch-aesthetics.com (collectively, the “Site”), unless a different policy is provided on a particular site, application or service.
Before using the Site, please read these TOS carefully. Please also review the Site Privacy Policy (the “Privacy Policy”), which is incorporated herein by this reference. Your use of the Site confirms your agreement to be bound by these Terms of Service, and is subject to your continued compliance with these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Site.
Some of Touch Aesthetics other sites or services may have additional terms, which address the specific rules for those services and that we provide to you when you use those sites or services. By using any of those services, you agree to the additional terms and conditions they impose as well as these TOS. If there is any conflict between these TOS and those specific to such services, these TOS control your use of the Site generally and the specific terms govern you use of the services to which they pertain.
Please note that these terms of service contain a dispute resolution and arbitration provision, including class action waiver that affects your rights under these terms and with respect to disputes you may have with us. You may opt out of the binding individual arbitration and class action waiver as provided below.
2. SERVICES AND MODIFICATION OF TERMS OR SERVICES
Touch Aesthetics provides users with access to a rich collection of resources through its network of internet properties (the “Service”).
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Touch Aesthetics internet properties, shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that Touch Aesthetics assumes no responsibility for the timeliness or availability of the Service, nor for deletion or failure to store any user communications or personalization settings. In addition, you understand that agree that you must provide and are responsible for all equipment necessary to access the Service.
Touch Aesthetics reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or this TOS, in whole or in part, at any time without further notice. For changes to these TOS that we deem material, we will place a notice on the Touch Aesthetics website located at www.touch-aesthetics.com by revising the link on the homepage to read substantially as “Updated Terms of Service” for a reasonable time. By accessing or using the Site after the TOS have been changed, you consent and agreed to the revised TOC. The most current version of these TOS will be available on the site and will supersede all previous versions of these TOS.
Touch Aesthetics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Touch Aesthetics shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
3. USERS AND ACCOUNTS
Visitors may freely browse the Site in accordance with these TOS, but may not have full access to certain Services without first becoming “Registered Users.”
In order to use the Services available to a Registered User, you will need to create an account, either directly with Touch Aesthetics and/or through certain third-party’s single sign-on services (including but not limited to Facebook Connect and Google+) (each, a “Third Party Site Account”). If you log in through your Third Party Site Account, you will be asked to configure your privacy settings in your Third Party Site Account to permit certain information to be shared with Touch Aesthetics. By creating an account via a Third Party Site Account, you are allowing Touch Aesthetics to access your Third Party Site Account information and you acknowledge and agree that your use of Third Party Site Account is governed by the terms and conditions of the applicable Third Party Sites (as defined below), including without limitation, their password and account security policies.
4. OTHER SITES AND SERVICES
The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as advertisements, software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or through any Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. If you leave the Site and access any Third Party Sites, or if you use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You hereby expressly agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third Party Sites.
YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
5. POSTS AND SUBMISSIONS
Touch Aesthetics is pleased to hear from you and welcomes your comments regarding our products and services. We ask that you do not send us any original creative materials such as articles, photographs, video, drawings, original artwork, or concepts for which you expect to be compensated or that you would like to keep private, unless you have contacted an editor in advance and have been asked in writing to submit such material. Any materials that you submit to Touch Aesthetics without a prior written request from an editor of Touch Aesthetics may be used by Touch Aesthetics in any manner consistent with the license granted below, and without compensation.
You understand and agree that any material that you post or submit using the features or services of the Site, or that you submit directly without a prior written request from an editor at Touch Aesthetics, including letters to our staff, articles, photographs, video, drawings, creative suggestions, ideas, notes, concepts, or other materials (“Submissions”) will be non-confidential and non-proprietary. No Submission will be subject to any obligation of confidence on the part of Touch Aesthetics, and Touch Aesthetics shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by Touch Aesthetics without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby waive and release any claim that Touch Aesthetic’s use of a Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. Please understand that Submissions may not be acknowledged or returned.
By posting or otherwise providing a Submission, you grant Touch Aesthetics the right to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, exploit, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation. Touch Aesthetics will generally attribute Submissions to their authors, but you understand and agree that it is not obligated to do so, and you release and waive any right to have Submissions attributed to you. You also understand and agree that Touch Aesthetics has no obligation to publish or use any Submission in any way, and that Touch Aesthetics may remove or revised any Submission that has been posted, published, or distributed on or through the Site in its sole discretion.
By providing a Submission, you represent and warrant that your Submission is original to you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity or privacy. You also represent and warrant that your Submissions do not include nudity, partial nudity, or adult content, and are not obscene, defamatory, graphically violent, physically threatening, or intended for any illegal purpose.
You acknowledge and agree that your relationship with Touch Aesthetics is not a confidential, fiduciary, or other special relationship. You also acknowledge and agree that, with respect to any claim you may have arising out of or relating to Touch Anesthetics actual or alleged use of any Submission, you will not be entitled to in any way enjoin the use of the Submission or the operation of any Touch Aesthetics platform, product or service, and your rights and remedies will be strictly limited to the right to recover damages, if any, in an action at law.
6. APPROPRIATE USE
In exchange for the right to access and use the Site as set forth in these TOS, you agree as follows:
• You will access and use the Site solely for your own personal, noncommercial use;
• You will not use the Site in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden, or impair the Site, or in any manner inconsistent with these TOS;
• You will not defeat or interfere with any security feature of the Site, or attempt to do so;
• You will not alter or modify any content or component of the Site, other than content you have submitted to or posted on the Site;
• You will not reproduce, duplicate, copy, sell, trade, resell, or exploit, for any commercial purpose, any content, component, or feature of the Site without the prior written permission of Salon, except for content you have submitted to or posted on the Site, or content which you have the prior written permission of the owner to use;
• You will not use the Site to post, transmit, or share material that you did not create or that you do not have permission to post, transmit, or share;
• You will not use any automated system, software, or device to generate and send unsolicited communications to or through the Site;
• You will not collect or harvest any personally identifiable information, including without limitation account names or email addresses, from the Site, nor use the communication systems provided by the Site for purposes of sending any commercial solicitation;
• You will not upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code designed to interfere with the functionality of or obtain any nonpublic information from any computer software or hardware or telecommunications equipment;
• You will not use the Site to post, transmit, or share child pornography, and you understand that any use of the Site to publish or transmit child pornography will be reported to law enforcement authorities, together with any identifying information Salon may have regarding you, and will result in termination of your account;
• You will not use the Site to post, transmit, or share material that is obscene, defamatory, or invasive of the privacy of another person, graphically violent, physically threatening, or intended for any illegal purpose;
• You will not use the Site to promote any product or service on behalf of any person or entity that sells, provides, or offers the product or service; and
• You will not harass or intimidate any other user of the Site.
7. DISCLAIMER OF WARRANTIES
Touch Aesthetics makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Touch Aesthetics.
The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. Touch Aesthetics assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. Touch Aesthetics is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site.
The Internet may be subject to breaches of security. Touch Aesthetics is not responsible for any damage resulting from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that transmissions via wireless connections, networks, or the Internet may not be secure, and you should consider this before submitting any information to anyone using such systems. Except as provided in our Privacy Policy, Touch Aesthetics makes no representation or warranty regarding the security of any communications to or from Touch Aesthetics or the Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. THE SITE AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOUCH AESTHETICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TOUCH AESTHETICS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOUCH AESTHETICS’ OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
THE SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY TOUCH AESTHETICS OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
8. LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, TOUCH AESTHETICS AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM THE SITE, ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SITE, OR YOUR USE OF THE SITE, EVEN IF TOUCH AESTHETICS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (COLLECTIVELY, THE “RELEASED MATTERS”). TO THE EXTENT THAT, DESPITE THIS RELEASE, ANY LIABILITY MAY BE IMPOSED ON THE RELEASED PARTIES, THEIR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO A MAXIMUM OF $100.
9. INTELLECTUAL PROPERTY INFORMATION
All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by Touch Aesthetics or by other parties that have licensed their material to Touch Aesthetics. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, or otherwise modify the content on this Site, other than your own Submissions. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.
11. NON-WAIVER
The failure of Touch Aesthetics to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12. VIOLATIONS AND COMPLAINTS
Please report any violations of the TOS to our Customer Care group: info@touch-aesthetics.com. If you are a copyright owner or an agent thereof and you believe that any content on one of Touch Aesthetics’ sites infringes upon your copyrights, you may submit a notice to the email above.
13. INDEMNIFICATION
BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: (i) YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; (ii) YOUR VIOLATION OF THESE TERMS OF SERVICE OR ANY LAW; (iii) YOUR USE OF THIS SITE IN VIOLATION OF THESE TERMS OF SERVICE; (iv) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; AND (v) ANY MISREPRESENTATION MADE BY YOU. YOU WILL COOPERATE AS REASONABLY REQUIRED IN THE RELEASED PARTIES’ DEFENSE OF ANY CLAIM. THE RELEASED PARTIES RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN ANY EVENT YOU MAY NOT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF TOUCH AESTHETICS.
14. PROMOTION
From time to time, the Site may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
15. NON-RESIDENTS OF THE UNITED STATES OF AMERICA
Touch Aesthetics operates the Site in the United States of America. Salon makes no representation that the Site is appropriate or available for use in locations other than the United States of America. If you access the Site from locations outside of the U.S.A. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
16. REFUSAL OR DISCONTINUANCE OF SERVICE
You understand and agree that Touch Aesthetics may, in its sole discretion and at any time, for any reason, terminate you as a client..
17. CHOICE OF LAW AND FORUM
This Agreement, including all revisions and amendments thereto, and any disputes arising from or relating to this Agreement or your use of the Site, are governed by the laws of the State of Colorado, without regard to any conflict or choice of law principles that would require application of the laws of another jurisdiction. The exclusive forum and venue for any action, including any small claims court action, arising from or relating to this Agreement or your use of the Site and not subject to arbitration as provided below, will be the state or federal courts located in Denver, Colorado.
18. SEVERABILITY
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
19. ENTIRE AGREEMENT
This Agreement, the Privacy Policy, and any other terms and conditions of service for specific services or features of the Site constitute the entire agreement between you and Touch Aesthetics and govern your use of the Site.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
