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The contents of the Site, such as text, graphics, images, information obtained from The Aesthetic Immersion/Skin Perfect Medical Brea’s licensors, training videos, courses, information, and other material contained on or provided through the Site (“Content”), are for informational purposes only. To the extent that any of the Content relates to medical treatments or conditions, the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Moreover, accessing or participating in any educational Content that relates to medical treatments or procedures does not confer upon the user any scope of practice or ability to perform such treatments or procedures. A user’s ability to perform any medical treatments or procedures that are subject of Content on the Site are determined solely by (1) the laws addressing scopes of practice, delegation, and supervision of the state(s) in the user is licensed as a health care practitioner, and (2) the user’s own professional judgment.
These Terms of Use set forth the terms and conditions upon which you may access and use the The Aesthetic Immersion website (“Site”) and all related content, products, and services, whether educational or commercial, provided through the Site (the Site and such products and services, collectively, “Service”), which are made available to you by The Aesthetic Immersion Inc., its affiliates, and subsidiaries(“Aesthetic Immersion”).
PLEASE READ THESE TERMS OF USE CAREFULLY IN THEIR ENTIRETY BEFORE USING THE SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICE. THESE TERMS OF USE CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT AESTHETIC IMMERSION’S LIABILITY TO YOU. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, THE PROVISIONS, DISCLOSURES, AND DISCLAIMERS SET FORTH IN THESE TERMS OF USE, THESE TERMS OF USE ARE FAIR AND REASONABLE, AND YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS OF USE IS VOLUNTARY ANDIS NOT THE RESULT OF FRAUD, DURESS, OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
By using this Site or purchasing products or services from this Site, you signify your assent to these Terms of Use. If you do not agree to all of these Terms of Use, do not use this Site or purchase products or services from this Site. You agree to comply with all terms, conditions, and restrictions set forth in these Terms of Use. You acknowledge that any use of the Service not in compliance with these Terms of Use may be prosecuted under the full extent of the law. “You” and “your” means you, as an individual and/or the legal entity on behalf of which you are acting as the authorized agent or legal representative as identified by you during registration.
Aesthetic Immersion may revise and update these Terms of Use at any time. Your continued use of the Site will mean you accept those changes.
1. Permitted Uses and Reservations. Subject to your compliance with the current terms of theseTerms of Use, Aesthetic Immersion grants you a limited, non-exclusive, nontransferable right during the term and for your internal business operations only, to access and use the Service through the Site only.Aesthetic Immersion reserves all rights not expressly granted to you under these Terms of Use. Except as expressly set forth in these Terms of Use, you will not distribute or otherwise make available the Service, or any portion of the foregoing, in any form to any third party. All rights you have to access and use theService expire upon the earlier of any expiration or termination of your right to access and use the Service under these Terms of Use.
2. Contact and Registration.
a. If you submit any information to us, you agree that you will not send or transmit to Aesthetic Immersion by email (including through the email address or form listed on the “Contact” page), any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept, or invention to Aesthetic Immersion by email, you agree such submission is non-confidential for all purposes. The personal information you submit to Aesthetic Immersion is governed by Aesthetic Immersion’s Privacy Policy. To the extent there is an inconsistency between these Terms of Use and Aesthetic Immersion’s Privacy Policy, these Terms of Use shall govern.
b. Upon registration, if applicable, you agree to provide current, accurate, and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). You must have a valid email address to become a registered user of the Service. Further, you agree to maintain and update your Registration Data as required to keep it current, accurate, and complete. You agree that Aesthetic Immersion may store and use the Registration Data you provide for use in maintaining your account. Aesthetic Immersion has the right to confirm or otherwise verify or check, in their sole discretion, the truth and accuracy of any registration information at any time. Verification of your registration information, specifically, your name, address and/or tax identification number, against a third party database may be considered to constitute a “credit check” under certain laws. Aesthetic Immersion is not making, as part of the registration process, and will not otherwise make, any type of inquiry to any third party regarding any individual’s credit history and personal financial information without first obtaining such individual’s express authorization to do so. Aesthetic Immersion may terminate your rights to any part of or the entire Service if any information you provide is false, incomplete, or inaccurate.
3. User Account. As a registered user of the Service, you may establish a user account along with a user name and password. Without the prior written consent of such third party entering into a written agreement with Aesthetic Immersion, you will not utilize the services of any third party to assist you inusing the Service. You will be responsible for all activities that occur under or in connection with your account and login information. If you are an entity, only your bona fide employees, duly authorized agents, and representatives may use the Service under your account and these Terms of Use apply to all of your employees, representatives, agents, and any other person or entity that accesses the Service through your account. Aesthetic Immersion has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Aesthetic Immersion passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Aesthetic Immersion account and password; and (3) promptly inform Aesthetic Immersion if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, access the “Contact” links located at the top of every page of our site and either use the provided form or email address. You grant Aesthetic Immersion and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Aesthetic Immersion cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Aesthetic Immersion tools and services.
4. Content. The contents of the Site, such as text, graphics, images, information obtained fromAesthetic Immersion’s licensors, training videos, courses, information, and other material contained on or provided through the Site (“Content”), are for informational purposes only. To the extent that any of theContent relates to medical treatments or conditions, the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Moreover, accessing or participating in any educational Content that relates to medical treatments or procedures does not confer upon the user any scope of practice or ability perform such treatments or procedures. A user’s ability to perform any medical treatments or procedures that are the subject of Content on the Site are determined solely by (1) the laws addressing scopes of practice, delegation, and supervision of the state(s) in which the user is licensed as a health care practitioner, and (2) the user’s own professional judgment.
5. Purchases and Payment Procedures. The Service currently accepts payment through various forms including credit cards and may be updated from time to time.
a. Pricing and Subscriptions. Fees are non-refundable once paid and recurring payments will be billed in accordance with the terms of the item or subscription you purchased. Aesthetic Immersion reserves the right to change prices displayed at/on the Service at any time, and to correct pricing errors that may inadvertently occur. Additional information and terms about pricing are available on the Courses page, which may be updated from time to time. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred. While there is no limit on the number of your users who are bona fide employees of you/your business/clinic, your subscription or access to the Service cannot be transferred or shared with any third party or other person who is not your employee.
b. Credit Cards. If you use a credit card, to prevent any unnecessary delays in processing your order, please ensure that the billing address on your order matches the information on your credit card account. If you have recently moved or are unsure whether you receive your credit card statement at your work or home address, please contact your card-issuing bank on the back of your credit card to confirm. The card security code is a unique three or four digit number printed on the front (e.g., American Express) or back (e.g., MasterCard/Visa/ Discover) of your card, in addition to the account number. Most debit and check cards have daily spending limits that may substantially delay the processing of an order, even if there is enough money in an account. When using a debit card, funds are immediately reserved in your bank account at the time you place your order. Please consult your card-issuing bank for information about your daily spending limits if you are having trouble placing your order.
c. Taxes. The prices do not include any taxes. You are responsible for any taxes that you are legally obligated to pay, including paying Aesthetic Immersion any applicable value added, sales, or use taxes or like taxes that are permitted to be collected from you by Aesthetic Immersion under applicable law.
d. User Authorization. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION ON THE SITE.
7. Medical Treatment. The Service does not provide medical advice. To the extent applicable, you acknowledge and agree that you and/or your duly licensed medical personnel will be solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, interpretations and decisions based on any results from the Service, and other professional healthcare services performed for patients, and that all diagnoses, treatments, procedures, and other professional health care services provided to your patients (collectively, “Medical Services”) will be provided and performed exclusively by or under the supervision of you and/or your duly licensed medical personnel, int heir sole discretion, which must be in accordance with all applicable laws.
8. Third Party Technology. Any third party technology provided, made available, linked to, or otherwise accessible through the Service (“Third Party Technology”) is provided solely as a convenience to you and not under the control of Aesthetic Immersion. Aesthetic Immersion does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third Party Technology. Aesthetic Immersion does not have any responsibility or liability to you for any Third Party Technology which you access, and you use it at your own risk. Further, you agree to comply with any and all terms and conditions applicable to the use of Third Party Technology and otherwise ensure that you have obtained all rights, licenses, and clearances that may be necessary to use such Third Party Technology.
9. Third Party Sites. The Service may contain links to other independent third-party websites andURLs (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the control of Aesthetic Immersion, and Aesthetic Immersion is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Aesthetic Immersion does not have any responsibility or liability for any information, data, communications or materials available on such third-party sites. You, therefore, access these Linked Sites at your own risk.
10. Ownership and Title. All title to and the rights in the Service, including ownership rights to patents( registrations, renewals, and pending applications), copyrights, trademarks, service marks, domain names, trade dress, trade secrets, Aesthetic Immersion’s or third party other technology, any derivatives of and all goodwill associated with the foregoing, is the exclusive property of Aesthetic Immersion and/or third parties. All materials posted on this Site are protected by the copyright laws in the United States and in foreign countries. Trademarks, service marks, graphics and logos used in connection with the Service are the trademarks of their respective owners. You are not granted any right or license with respect to any of the trademarks mentioned above and any use of such trademarks.
11. Reverse Engineering. You agree not to reverse engineer, decompile, or disassemble the Service or any aspect of the Service, except where applicable law permits it despite this limitation. Further, you agree not to alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with the Service, in whole or part, or transmit or communicate the Service over a network or to any third party.
12. Export Law Assurances. Aesthetic Immersion is based in Brea, California, in the United States of America. Aesthetic Immersion makes no claims that the Service and Content are appropriate or may be accessed or downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access Aesthetic Immersion’s Site or Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Accordingly, you may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service is accessed. In particular, but without limitation, the Service may not be exported or re-exported (1) into (or to a national or resident of) any U.S.embargoed countries, or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons’ List or Entity List. By using the Service, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list and that you will comply will all applicable laws.
13. Representations & Warranties. You represent, warrant, and covenant to Aesthetic Immersion the following: (a) all information you provide to Aesthetic Immersion as part of the registration process or otherwise will be truthful, accurate and complete, irrespective of any independent verification or other determination made by Aesthetic Immersion; (b) you own or control the necessary rights and authority to grant the rights, and permissions made under these Terms of Use, and that the exercise of such rights, licenses and permissions by Aesthetic Immersion will not violate or otherwise infringe the rights of any third party; (c) you have the full authority to act on behalf of any and all owners of any right, title or interest in and to any content or information that you provide to Aesthetic Immersion; (d) these Terms of Use have been duly and validly authorized, accepted, agreed to, and delivered by you (or your authorized representative) and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with these Terms of Use; and (e) the performance by you of these Terms of Use and your use of the Service does not and will not conflict with or violate (1) any law, rule, regulation, order, judgment, decree, agreement, instrument, or obligation applicable to you, or (2) if you are an entity, any provision of your organizational or governing documents.
14. Disclaimer of Warranties. THE SERVICE AND ANY THIRD PARTY TECHNOLOGY ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OFANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AESTHETIC IMMERSION, ITS LICENSORS, AND SUPPLIERS MAKE NO WARRANTY, REPRESENTATION, OR GUARANTY: (1) AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, RELEVANCE, OR COMPLETENESS OF ANY CONTENT; (2) AS TO ANY INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICE; OR (3) THAT THE SERVICE MAY BE RELIED UPON FOR ANY REASON, WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS CAN OR WILL BE CORRECTED. FURTHER, YOU ASSUME THE ENTIRE RISK OR COST ASSOCIATED WITH YOUR ACCESS TO AND USE OFTHE CONTENT AND MATERIALS, INCLUDING BUT NOT LIMITED TO, THE QUALITY AND PERFORMANCE OF THE SERVICE. IN NO EVENT SHALL AESTHETIC IMMERSION BE LIABLE FOR ANY CLAIM FOR DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, EXTRA-CONTRACTUAL, TORT, OR STRICT LIABILITY, RELATING IN ANY WAY TO THE SERVICE,INCLUDING BUT NOT LIMITED TO (I) INABILITY TO ACCESS OR USE THE SERVICE, (II) ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON OR UTILIZING THE SERVICE, (III) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO THE USE OF, OR INABILITY TOUSE THE SERVICE, EVEN IF SCITON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (IV) THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING OR DELIVERING OF THE SERVICE. TO THE EXTENT THAT AESTHETIC IMMERSION MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
15. Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL AESTHETIC IMMERSION BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, COSTS, EXPENSES OR LOSSES OR LOST PROFITS IN CONNECTION WITH THE SERVICE OR OTHERWISE RELATED TO THESE TERMS OF USE. THE PROVISIONS OF THIS SECTION WILL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. AESTHETIC IMMERSION WILL NOTBE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS UNDER THESE TERMS OFUSE BECAUSE OF CIRCUMSTANCES BEYOND ITS CONTROL, WHICH CIRCUMSTANCES INCLUDE NATURAL DISASTER, TERRORISM, THIRD PARTY LABOR DISPUTES, WAR, DECLARATIONS OF GOVERNMENTS, TRANSPORTATION DELAYS, FAILURE OF HARDWARE, EQUIPMENT, OR TELECOMMUNICATIONS FAILURE. AESTHETIC IMMERSION WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS UNDER THESE TERMS OF USE BECAUSE OF MISUSE OF THE PLATFORM, SERVICE, OR THIRD PARTY TECHNOLOGY. AESTHETIC IMMERSION’S TOTAL CUMULATIVE LIABILITY FOR ALL MATTERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE SUM OF ALL AMOUNTS PAID BY YOU DURING THE 1-MONTH PERIOD PRECEDING THE CAUSE WHICH GAVE RISE TO SUCH DAMAGES OR $100, WHICHEVER IS GREATER. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IN THE EVENT THAT ANY EXCLUSIVE REMEDY PROVIDED HAS FAILED OF ITS ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OFTHIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS OF USEAND THAT THE PARTIES WOULD NOT ENTER INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS OF LIABILITY.
16. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD INDEMNITEES HARMLESS FROM AND AGAINST ANY AND ALL DIRECT AND THIRD PARTY CLAIMS AND LOSSES ARISING FROM OR ATTRIBUTABLE TO (1) YOUR BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER AGREEMENTS MADE UNDER THESE TERMS OF USE; (2) ANY CLAIMS BY OR DISPUTES RELATED TO YOUR USE OF THE SERVICE BETWEEN YOU AND ANY THIRD PARTY; (3) ANY DATA YOU PROVIDE TO THE SERVICE OR OTHERWISE TRANSMIT USING THE SERVICE; AND (4) THE PROVISION OF ANYAND ALL MEDICAL AND OTHER SERVICES BY YOU OR OTHERS IN CONNECTION WITH YOUR USE OF THE SERVICE AND OTHERWISE.
a. Procedures. The Indemnitee will give you written notice of any Claim for which indemnification is sought. However, failure to provide such notice will not relieve you from your liability or obligations under these Terms of Use, except to the extent you are materially prejudiced as a direct result of such failure. The Indemnitee will cooperate with you at your expense in connection with the defense and settlement of the Claim. You may not settle any indemnified Claim in a manner that adversely affects the Indemnitee without its prior written consent. Further, the Indemnitee may participate in the defense of theClaim through counsel of its own choosing at its own cost and expense. If you fail to promptly assume the defense and employ counsel reasonably satisfactory to Indemnitee, or the Indemnitee has been advised by counsel that there exist actual or potential conflicting interests between you or your counsel and such Indemnitee, the Indemnitee may employ separate counsel, in addition to local counsel, to represent or defend such Indemnitee in such action or proceeding, and you agree to pay the fees and disbursements of such separate counsel as incurred. To the extent indemnification requires the payment of monies owed, such indemnification will occur as soon as reasonably possible after the determination of monies owed, and payment to the Indemnitee will be made within 30 days of a final determination of monies owed. Your obligations under this Section are in addition to any rights that any Indemnitee may have at common law or otherwise.
b. Defined Terms. “Claim” means each and every claim, request, accusation, allegation, assertion, complaint, petition, demand, suit, action, proceeding, and cause of action of every kind and description. “Indemnitee” means Aesthetic Immersion, its affiliates, and its and their respective officers, directors, shareholders, managers, members, agents, employees, representatives, successors, and assigns.“Loss” means each and every liability, loss, damage, and injury (including injury or damage to any property right, and injury, damage, or death to any Person), wound, wrong, hurt, harm, expense, deficiency, diminution in value, obligation, expenditure and disbursement of any kind or nature (including all fees, costs, and expenses of investigation, travel expenses, and value of time expended by personnel), settlement, fine, fee, cost, cost of court, and all expenses of litigation (including reasonable attorneys’ fees) incident to any of the foregoing.
17. Release. IN THE EVENT THAT YOU HAVE A DISPUTE WITH SCITON OR ONE OR MORE USERS OF THE SERVICE FOR ANY REASON, YOU RELEASE AESTHETIC IMMERSION (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES)FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED,DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIMEOF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
18. Copyright Notice and Takedown Procedures. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials from this Site by contacting Aesthetic Immersion’s copyright agent (identified below) and providing the information below. In an effort to protect the rights of copyright owners, Aesthetic Immersion maintains a policy for the termination, inappropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and email address.
d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
Aesthetic Immersion’s agent for copyright issues relating to this Site is as follows:
Aesthetic Immersion Medical Brea Inc.
Attn: Copyright Notice
910 E Birch St., #350
Brea CA 92821
19. Term and Termination. These Terms of Use commence when you first access the Service and continue until your right to access and use the Service under these Terms of Use is otherwise terminated in accordance with these Terms of Use. You agree that Aesthetic Immersion may, in its sole discretion and without prior notice, terminate your access to the Service for violations of these Terms of Use or other agreements or guidelines which may be associated with your use of the Service or Aesthetic Immersion deems it necessary in its sole discretion. Failure to abide by these Terms of Use is a material breach of theseTerms of Use for which Aesthetic Immersion may pursue all rights and remedies it has pursuant to theseTerms of Use, and any other rights and remedies it may have at law or in equity. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to Aesthetic Immersion, for which monetary damages would be inadequate, and you consent to Aesthetic Immersion obtaining any injunctive or equitable relief that Aesthetic Immersion deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Aesthetic Immersion may have at law or in equity.
20. General Provisions.
a. Entire Agreement. These Terms of Use contain the entire understanding of you, Sciton, Inc., and Aesthetic Immersion with respect to the subject matter of these Terms of Use and supersede all previous verbal and written agreements between the parties concerning the subject matter of these Terms of Use. The Service is the property of Aesthetic Immersion. Aesthetic Immersion reserves the right to change, add or remove portions of these Terms of Use at any time and at its sole discretion. Your continued use of the Service following the posting of any changes means that you accept and agree to such changes.It is your responsibility to check these Terms of Use periodically for changes.
b. Assignment. These Terms of Use, and any rights or obligations in these Terms of Use, will not be assigned by you without the prior written consent of Aesthetic Immersion. Any attempt to assign or transfer these Terms of Use other than in accordance with this provision will be null and void. Subject to the forgoing, these Terms of Use and its terms and provisions inure to the benefit of and are binding upon the parties and their respective successors, heirs, personal representatives, and assigns.
c. Governing Law/Exclusive Venue/Waiver of Trial by Jury.
i. These Terms of Use, all matters relating to your access to or use of the Service, and all Claims (whether in contract, tort or statute) that may be based upon, arise out of or relate to theseTerms of Use, or the negotiation, execution, or performance of these Terms of Use, including any Claim based upon, arising out of, or related to any representation or warranty made in or in connection with theseTerms of Use, or as an inducement to enter into these Terms of Use), will be governed by, and enforced in accordance with, the internal laws of the state of California without giving effect to any laws, rules or provisions of the state of California that would cause the application of the laws rules or provisions of any jurisdiction other than the state of California, including its statutes of limitations, without regard to any borrowing statute that would result in the application of the statute of limitations of any other jurisdiction.
ii. You submit to the exclusive venue of any state or federal court in (or with jurisdiction over) Orange County, California, with respect to any action or proceeding arising out of or relating to these Terms of Use and waive any objection to such jurisdiction or venue.
iii. These Terms of Use will not be governed by the United Nations Convention onContracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion of any provision, to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.
iv. EXCEPT WHERE PROHIBITED BY LAW, THE PARTIES EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE,CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE.
d. Notices. All notices, requests, or consents required or permitted under these Terms of Use will be in writing (including electronic form) and will be delivered to the address as the party may designate in a notice served upon the other party in the manner provided for below. Each notice, request, consent, or other communication will be given and will be effective: (1) if delivered by hand, when so delivered; (2) if delivered by nationally recognized overnight courier service or sent by United States Express Mail, upon confirmation of delivery; (3) if delivered by certified or registered mail, on the third following day after deposit with the United States Postal Service; or (4) if delivered by facsimile, upon confirmation of successful transmission, and (5) if delivered by email, upon confirmation of successful transmission based on the electronic records of Aesthetic Immersion.
e. Severability. The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. If one or more provisions of these Terms of Use are declared invalid or unenforceable, the remaining provisions will remain in full force and effect and will be construed in the broadest possible manner to effectuate the purposes of these Terms of Use.
f. Captions. The headings and captions of these Terms of Use are inserted for reference convenience and do not define, limit, or describe the scope or intent of these Terms of Use or any particular section, paragraph, or provision of these Terms of Use. Unless otherwise expressly provided, the words“include(s),” “included,” or “including” do not limit the preceding words or terms. Pronouns will refer to the masculine, feminine, neuter, singular, or plural as the context will require.
g. Authority to Accept the Terms. You represent that you have full power, capacity and authority to accept these Terms of Use. If you are accepting on behalf of your employer or an entity, you represent that you have full legal authority to bind your employer or such entity to these Terms of Use.
h. Waiver. The failure or delay of Aesthetic Immersion to exercise or enforce any rights or provision of these Terms of Use does not constitute a waiver of such right or provision.
i. Survival. All provisions which must survive in order to give effect to their meaning will survive any expiration or termination of these Terms of Use, including without limitation all of your representations, warranties and indemnification obligations, which will survive these Terms of Use for the greater of 4 years or the expiration of the applicable statute of limitation with respect to any Claim or Loss.
Last Updated: June 9, 2023