Terms of Use

Changes to the Terms of Use

We may revise and update these Terms from time to time in our sole discretion. Unless otherwise stated, all changes take effect immediately upon being posted. By continuing to use the Site after revisions are posted, you agree to the revised Terms. You are responsible for reviewing this page periodically to stay informed of any changes, which are binding once published.

Site Access and Account Security

We reserve the right, in our sole discretion and without notice, to withdraw, modify, or discontinue the Site, or any service or material provided on the Site. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any duration. From time to time, we may restrict access to some or all parts of the Site to users.

You are responsible for both:

• Making all arrangements necessary to access the Site; and
• Ensuring that all persons who access the Site through your internet connection are aware of and comply with these Terms.

To access the Site or certain resources it offers, you may be asked to provide contact details or other information. It is a condition of your use of the Site that all the information you provide is accurate, current, and complete. You agree that all information you provide through the Site is subject to our Privacy Policy, and you consent to our handling of such information in accordance with that Policy.

If you are provided with, or choose, a username, password, or any other security information as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity. Your account is personal to you, and you agree not to permit any other person to access the Site using your credentials. Notify us immediately of any unauthorized access to or use of your credentials or any other breach of security. Take reasonable steps to sign out at the end of each session and exercise caution when accessing your account from a public or shared computer.

We reserve the right to disable any username, password, or other identifier, whether chosen by you or assigned by us, at any time if we determine, in our sole discretion, that you have violated these Terms or engaged in conduct that may compromise the security of the Site.

Intellectual Property Rights

The Site and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, and non-transferable license to access and make personal, non-commercial use of the Site. This license does not include:

• Any resale or commercial use of the Site or its contents;
• Any collection and use of any product listings, descriptions, or prices;
• Any derivative use of the Site or its contents;
• Any downloading, copying, or other use of account information for the benefit of any third party;
• Any solicitation of, or participation in, a class action or collective proceeding; or
• Any use of data mining, robots, or similar data gathering and extraction tools.

You may not:

• Modify copies of any materials from the Site;
• Use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text;
• Remove or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site;
• Use any materials from the Site to solicit or encourage participation in a class action or collective arbitration against the Company;
• Frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent;
• Use meta tags or any other “hidden text” utilizing the Company’s name or trademarks without express written consent; or
• Misuse the Site or its contents in any manner inconsistent with these Terms.

All rights not expressly granted to you in these Terms are reserved by the Company, its licensors, suppliers, and content providers. No right, title, or interest in or to the Site or its content is transferred to you under these Terms.

Any use of the Site or its contents not expressly permitted by these Terms is prohibited and may constitute a violation of copyright, trademark, and other applicable laws. Without limiting the foregoing, you may not reproduce, duplicate, distribute, publicly display, republish, copy, download, store, transmit, sell, resell, visit, or otherwise exploit any part of the Site or its contents for any commercial purpose without the Company’s express written consent.

Any unauthorized use of the Site or its contents will result in the immediate termination of your right to use the Site. At our option, you must return or destroy any copies of the materials you have made and remove any content you have posted online.

If you wish to use any material from the Site beyond the scope expressly permitted under these Terms, please email info@nueyaesthetics.com.

Trademarks

The Company name, logo, and all related names, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans appearing on the Site are the property of their respective owners.

Prohibited Uses

You may only use the Site for lawful purposes and in line with these Terms. You agree not to use the Site in the following ways:

• In violation of any applicable federal, state, local, or international law or regulation, including laws relating to data transfer, export, or privacy;
• To exploit, harm, or attempt to exploit or harm minors in any way, including exposing them to inappropriate content or soliciting personal information from them;
• To upload, post, or share material that does not comply with the Content Standards set forth in these Terms;
• To send or distribute unsolicited or unauthorized communications, including advertisements, promotions, mass solicitations, requests for participation in class actions or arbitrations, junk mail, chain letters, spam, or any similar material;
• To impersonate or attempt to impersonate the Company, any of its staff, other users, or any other person or entity, or misrepresent your identity or affiliation (including using email addresses associated with any of the foregoing);
• To interfere with or limit another person’s ability to use or enjoy the Site, or in any way that, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, damage, or impair the Site or interfere with any other party's use;
• Access the Site using automated means (such as robots, spiders, or other automatic devices, processes, or means) for any purpose, including monitoring or copying material on the Site;
• Use any manual process to monitor or otherwise extract material from the Site, or for any other purpose not expressly permitted in these Terms, without our prior written authorization;
• Use any Site content to solicit or encourage participation in any class action or class arbitration;
• Employ any device, software, or routine that interferes with or disrupts the proper functioning of the Site;
• Upload, transmit, or introduce viruses, Trojan horses, worms, logic bombs, or other code, files, or programs that are malicious, harmful, or technologically disruptive;
• Attempt to obtain unauthorized access to, tamper with, damage, or compromise any parts of the Site, the server hosting it, or any server, computer, or database connected to it;
• Launch, facilitate, or attempt a denial-of-service (DoS) attack or a distributed denial-of-service (DDoS) attack against the Site; or
• Otherwise attempt to obstruct, degrade, or interfere with the proper functioning of the Site.

User Submissions

The Site may include message boards, chat rooms, personal pages or profiles, forums, bulletin boards, and other interactive tools or platforms (collectively, “Interactive Services”) that permit users to upload, submit, publish, display, share, or otherwise transmit (collectively, “post”) content or materials (collectively, “User Submissions”) to other users or to third parties through the Site.

All User Submissions must strictly conform with the Content Standards set out in these Terms.

Any User Submissions you post to the Site will be treated as non-confidential and non-proprietary. By submitting User Submissions on the Site, you grant us, our affiliates, service providers, and each of their and our respective licensees, successors, and assigns, a perpetual, worldwide, royalty-free license to use, copy, adapt, modify, perform, display, distribute, and otherwise make available such material to third parties according to your account preferences.

You represent, guarantee, affirm, and warrant that:

• You own, control, or otherwise hold sufficient rights in and to the User Submissions and are authorized to grant the license described above to the parties identified;
• All of your User Submissions comply, and will continue to comply, with these Terms; and
• You are solely accountable for any User Submissions you create, upload, or disseminate, including their legality, reliability, accuracy, and appropriateness.

We disclaim any responsibility or liability to any third party for the substance, accuracy, or reliability of User Submissions posted by you or any other individual using the Site.

Oversight, Enforcement, and Termination

We reserve the right to:

• Remove, block, or decline to publish any User Submissions at our sole discretion, with or without cause;
• Take any measures we consider necessary or appropriate regarding any User Submissions, including where we reasonably determine it breaches these Terms (including the Content Standards), infringes intellectual property or other legal rights, endangers the safety of users or the public, or may expose the Company to liability;
• Reveal your identity or related information to any third party asserting that content you have posted infringes on their rights, including intellectual property or privacy rights;
• Pursue lawful remedies, including referring matters to law enforcement authorities, for any unlawful or unauthorized use of the Site; and
• Suspend or terminate your access to some or all parts of the Site for any breach of these Terms.

We may fully cooperate with governmental authorities or comply with any court order that requests or requires us to disclose the identity or other information of any individual posting materials on the Site. By using this Site, you waive and hold harmless the Company, along with its affiliates, licensees, and service providers, from any claims arising out of actions taken in connection with, or as a consequence of, investigations by such parties or law enforcement agencies.

We are under no obligation to review all material before it is posted on the Site and cannot guarantee immediate removal of material deemed objectionable. We disclaim liability for any actions or inactions concerning transmissions, communications, or materials provided by any user or third party. We accept no responsibility or obligation for the performance or nonperformance of the activities described in this section.

Content Standards

These standards apply to all User Submissions and any use of Interactive Services. All User Submissions must fully comply with applicable federal, state, local, and international laws and regulations. Without limiting the generality of the foregoing, User Submissions must not:

• Include material that is defamatory, obscene, vulgar, offensive, harassing, threatening, hateful, inflammatory, or otherwise objectionable;
• Promote sexually explicit content, pornography, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, age, or other protected classification;
• Infringe upon or violate any patent, trademark, trade secret, copyright, or other intellectual property rights;
• Violate the legal rights of others (including rights of privacy and publicity) or contain material that could result in civil or criminal liability under applicable laws or regulations, or otherwise conflict with these Terms and our Privacy Policy;
• Intend to mislead or deceive any person;
• Encourage, promote, or facilitate any illegal activity or unlawful behavior;
• Create unreasonable disturbance, distress, or concern or be likely to upset, embarrass, alarm, or annoy any other person;
• Falsely suggest, imply association with, or otherwise impersonate another individual or organization;
• Involve unauthorized commercial activities, such as contests, sweepstakes, promotional campaigns, barter transactions, or advertising; or
• Misrepresent an affiliation with us or suggest endorsement by us or any other third party or entity if such endorsement does not exist.

Copyright Violations

If you believe that any User Submissions infringe your copyright, you may contact us at privacy@nueyaesthetics.com to receive instructions on how to submit a formal notice of copyright infringement. It is the Company’s policy to terminate the accounts of users who are found to be repeat infringers.

Reliance on Information Posted

The materials and information available on or through the Site are provided strictly for general information purposes. We make no representations or warranties regarding the accuracy, completeness, or usefulness of such information. Any reliance you place on these materials is solely at your own risk. We disclaim all liability and responsibility arising from reliance placed on such content by you, by other visitors to the Site, or by anyone who may be informed of any of its contents.

This Site may contain content created or supplied by third parties, including other users, bloggers, licensors, syndicators, aggregators, and reporting services. All statements, opinions, articles, responses, and other materials provided by third parties are solely the opinions and responsibility of the individuals or entities that provide them. Such materials do not necessarily reflect the views of the Company, and we are not liable to you or any third party for the accuracy or content of any materials provided by third parties.

Modifications to the Site

We may update or revise the content of this Site periodically; however, the materials presented are not guaranteed to be current or complete at all times. At any given time, all or a portion of the Site’s content may become outdated, and we are under no obligation to update or correct such material.

Your Information and Site Use

All information collected through this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy.

Online Transactions and Additional Terms

All purchases made through our Site, as well as other transactions for the sale of goods or services arising from your use of the Site, are governed by our Terms of Service, which are incorporated herein by reference.

Certain areas, services, or features of the Site may also be subject to additional terms and conditions. Any such additional terms are likewise incorporated into these Terms.

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a manner that is fair and lawful and does not harm or exploit our reputation. You must not create a link in any way that suggests any form of association, approval, or endorsement on our part.

This Site may offer social media features that enable you to:

• Link from your website (or certain third-party websites) to specific content on this Site;
• Send emails or other communications containing certain content from, or links to, this Site; and
• Cause limited portions of this Site’s content to be displayed or appear to display on your website or certain third-party websites.

You may use these features solely as provided by us, only with respect to the content they accompany, and subject to any terms we provide for such features. Subject to the foregoing, you must not:

• Establish a link from any website you do not own or control;
• Frame, deep link, inline link, or otherwise cause the Site (or any portion of it) to be displayed or appear within any other site; or
• Take any action concerning the Site’s materials that conflicts with these Terms.

Any website from which you link, or on which you make Site content available, must comply in all respects with the Content Standards in these Terms.

You agree to cooperate with us to immediately cease any unauthorized framing or linking. We may revoke linking permission at any time without notice and may disable any or all social media features and links in our discretion.

Links from the Site

The Site may include links to third-party sites and resources (including advertisements, banner ads, and sponsored links). We have no control over such sites or resources and accept no responsibility for their content or for any loss or damage that may result from your use of them. If you access any third-party websites linked from this Site, you do so entirely at your own risk and subject to that website’s terms and conditions of use.

Geographic Restrictions

We provide this Site for use by persons located within the United States. We make no representation that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may be unlawful for certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for complying with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for download from the internet or the Site will be free of viruses or destructive code. You are responsible for implementing adequate procedures and checkpoints to satisfy your requirements for anti-virus protection and data accuracy and for maintaining external means to reconstruct any lost data.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE, OR ON ANY OTHER WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND—EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE—INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY OTHER WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES—INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA—AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your breach of these Terms; (ii) your User Submissions; (iii) your misuse of the Site, including any use of the Site's content, services, and products other than as expressly permitted in these Terms; or (iv) your use of any information obtained from the Site.

Governing Law

All matters relating to the Site and these Terms, and any dispute or claim arising out of or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to any choice-of-law or conflict-of-law provision (whether of the State of Delaware or any other jurisdiction).

Mandatory Arbitration / Class Action Waiver

Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms, the Privacy Policy (including any documents and agreements incorporated therein), and/or your use of the Site—including questions of interpretation, breach, termination, or validity—shall be resolved by final and binding arbitration. The arbitral tribunal shall have the authority to determine its own jurisdiction and to decide any challenge to the validity or enforceability of any portion of the agreement to arbitrate.

YOU AGREE TO ARBITRATE ONLY ON AN INDIVIDUAL BASIS. CLASS ARBITRATION AND CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION ARE PROHIBITED. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

If the prohibition on class arbitration is found invalid or unenforceable, the remaining portions of these Terms will remain in force and any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term, covenant, or condition in these Terms shall be deemed a continuing or further waiver of such provision or a waiver of any other provision; and any failure by the Company to assert a right or insist on performance shall not be construed as a relinquishment of such right or requirement. All rights and remedies are cumulative and in addition to those available at law or in equity.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall be narrowed, reformed, or severed to the minimum extent necessary, so that the remaining provisions continue in full force and effect.

Superiority

If you and the Company execute a separate written agreement, such as a services agreement, intake form, or consent form, the terms of such other agreement will govern with respect to the subject matter expressly addressed therein and to the extent of a direct conflict with these Terms. Notwithstanding the foregoing, the following provisions in these Terms shall prevail in all events: the agreement to arbitrate, the class/representative action waiver, and the governing law/venue provisions designating Delaware (and any related waiver of jury trial to the extent applicable).

Entire Agreement

These Terms and our Privacy Policy (including any documents expressly incorporated by reference) constitute the complete and exclusive statement of the agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, proposals, negotiations, agreements, representations, and warranties, whether written or oral, relating to the Site. Headings are for convenience only and do not affect interpretation.

Questions and Comments?

Any comments, requests for technical support, or other questions relating to the Site should be directed to website@nueyaesthetics.com.