Terms of Service
AGREEMENT TO THE TERMS OF SERVICE
The following Terms of Service govern your use of Defy Aesthetic LLC website. Please read these Terms of Service carefully. Your use of this website constitutes your agreement to be bound by all terms. If you disagree with one or more of these terms or find them unacceptable in any way, please do not enter or use our website. This Agreement is divided into two parts. Part One explains all of the terms that govern your use of this website. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use our website, you must accept all of the terms of these Terms of Service.
CHANGES TO THE TERMS OF SERVICE
We have the right to change or add to the terms of these Terms of Service at any time by posting the amended Terms of Service on the Defy Aesthetic LLC website. Any use of this website after our publication of any such changes shall constitute your acceptance of the Terms of Service as modified. However, any Dispute that arose before the modification shall be governed by the Terms of Service (including the binding individual arbitration clause) that was in place when the Dispute arose.
PART ONE: TERMS GOVERNING USE OF THIS WEBSITE
EMERGENCIES
THIS WEBSITE IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. DEFY AESTHETIC LLC IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THIS WEBSITE.
AGE LIMITATIONS
This website is intended and only suitable for individuals 18 years of age and above. Some of the content on this website may not be appropriate for children. Children under the age of 13 are not permitted to use this website. We strongly recommend that children between the ages of 13 and 17 ask their parent’s or guardian’s permission before viewing our website. Defy Aesthetic LLC hereby disclaims all liability for use by individuals under the age of 18.
INFORMATION ON THIS WEBSITE IS NOT PROFESSIONAL ADVICE
All data, information, text, graphics, links, and other material on this website are provided as a convenience to our website visitors. The information provided on this website is for general informational and educational purposes only. The information provided on our website is not intended to serve as professional advice and is not to be used for diagnosis or treatment of any condition or symptom. Information provided on this website does not constitute the provision or practice of medical or professional health care advice or services. You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on this website or other websites linked to or from it.
RESTRICTED USE
You may use this website only to the extent that you obey all laws, rules, and regulations applicable to your use of this website.
Your Privacy
Upon acceptance of these Terms of Service you confirm that you have read, understood, and accepted DEFY AESTHETIC LLC Online Privacy Policy notice.
SOCIAL MEDIA AND ONLINE COMMUNITIES
Defy Aesthetic LLC may provide you opportunities to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, or other similar sites (collectively, “Social Media Sites”). Defy Aesthetic LLC may also provide you opportunities to participate in online communities on such Social Media Sites and may host discussion boards, chats, and other forums on this website. For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with the hashtag #DEFYAESTHETIC (or other hashtags as we may provide from time to time) in order to submit your Tagged Content for potential use on our website. If you post Tagged Content with the hashtag #DEFYAESTHETIC (or other hashtags as we may provide), your activity and participation is governed by these Terms of Service. Additionally, you remain responsible for your compliance with other applicable terms and conditions such as those of Instagram or other Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission.
If you participate in any Defy Aesthetic LLC online community, discussion board or other forum, you agree that anything you submit is being provided by you voluntarily, on a non-confidential basis, and without any compensation due to you and you grant Defy Aesthetic LLC a perpetual, worldwide, royalty-free, transferable, and sub-licensable, right and license to use, copy, distribute, modify, create joint and derivative works, your content, postings and Tagged Content in any form or format. You further agree that (a) you will not post, transmit, or link to any material, websites, Tagged Content or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech; (b) you may only post, upload or transmit photos or materials for which you have the copyright or other permission to distribute electronically citing the original source; (c) you may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights; (d) you agree that any Tagged Content or materials you post or upload will be owned by you or be in the public domain; (e) you may not intentionally post, create, upload or transmit any software or other material that contains a virus or other harmful code or device; (f) you may not solicit other users, or distribute advertising, for products or services through the website, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses for the purpose of sending bulk email or other messages to other users of the website; (g) if you choose to submit Tagged Content or post items in public or “chat” portions of the website, such material, information, photographs, and other information you post in these public or group areas is available to the other individuals using website and Defy Aesthetic LLC does not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information for any purpose whatsoever; (h) you will always use caution in posting personally identifying information, and never exchange personal financial information, address, phone numbers or other personal information; (i) you will not post any material that violates any law or regulation; (j) you will not impersonate any other person or use the identity of some other living person; and (k) your postings will truthfully reflect your own experience.
Defy Aesthetic LLC may terminate or restrict your access to any Defy Aesthetic LLC online community, including access through the website.
SELECTION AND REMOVAL OF TAGGED CONTENT
Defy Aesthetic LLC will review Tagged Content and select certain Tagged Content for posting on our website; we make no guarantee that your Tagged Content will be posted. Notwithstanding the foregoing, you remain fully responsible and liable for your Tagged Content and its compliance with these Terms of Service, other applicable Terms of Service and applicable laws. If your Tagged Content is posted to our website, you may request removal of your Tagged Content by marking it as “private” in your Social Media Site account or by email us at .
MONITORING
We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the website or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the website, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the website properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.
COPYRIGHT NOTICE
This website is owned and operated by Defy Aesthetic LLC. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the website and materials contained on the website are either owned by Defy Aesthetic LLC, are licensed to it, or are used with permission. Defy Aesthetic LLC and its licensors retain and reserve all proprietary rights to the contents of this website.
You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Defy Aesthetic LLC. You may link to, view, download, use, display and print a single copy of the materials found on this website only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with DEFY AESTHETIC LLC or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © [current year] Defy Aesthetic LLC. All rights reserved.” Any other use of the website or the information contained here is strictly prohibited. Defy Aesthetic LLC may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
COPYRIGHT INFRINGEMENT - DMCA NOTICE
The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this website infringes a valid copyright owned by you, you (or your agent) may send Defy Aesthetic LLC a notice requesting that the material be removed, or access to it blocked. This request should be sent to: ; or to:
Defy Aesthetic LLC
4401 East-West Highway, Suite 205
Bethesda, MD 20814.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.
STORE
Defy Aesthetic LLC is not responsible for the content of any products other than those specifically published by DEFY AESTHETIC LLC and does not guarantee that any product is currently available, merchantable, or suitable to a particular purpose.
MAKING PURCHASES
Certain books, products, services, or other items may be advertised or offered for sale on or in conjunction with the website. If you wish to purchase an item, you may be asked by Defy Aesthetic LLC or an applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Defy Aesthetic LLC or such third party with information that is truthful, accurate, complete, and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. Defy Aesthetic LLC is not responsible for any errors in shipping information provided by you or for a non-secure ship-to location. You are responsible for all activity by and charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes. Any pricing of items is subject to change without notice, and any order is not deemed accepted by us until we ship or deliver the product(s) to you. We may correct at any time, including after shipment, pricing or similar errors, including but not limited to typos or outdated pricing.
We reserve the right, without prior notification, to change the descriptions, images or listings of, or links or references to, products and/or services on the website (collectively, “Product Offerings”), or to limit the order quantity on any product or service and/or refuse service to you.
SECURITY
We have implemented administrative, technical, and physical safeguards designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
PART TWO: ADDITIONAL LEGAL TERMS
REPRESENTATION AND WARRANTIES
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of this website will be in compliance with these Terms of Service.
NO WARRANTIES
Use of this website is at your own risk. To the maximum extent permitted by applicable law, the website and services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Defy Aesthetic LLC or through this website will create any warranty not expressly stated herein. Without limiting the foregoing, Defy Aesthetic LLC, its processors, its providers, its licensors (and their respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that the content is accurate, reliable or correct; that this website will meet your requirements; that this website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that this website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of this website is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data that results from such download.
Defy Aesthetic LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through this website or any hyperlinked website or service, or featured in any banner or other advertising, and Defy Aesthetic LLC will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
INDEMNITY
By visiting this website, you agree to indemnify, defend, and hold harmless Defy Aesthetic LLC, and any affiliated Defy Aesthetic LLC entity, its officers, directors, employees, agents, and representatives (collectively “Defy Aesthetic LLC parties”) from and against all claims, actions, demands, liabilities, judgments, settlements, costs, losses, damages, tax assessments, penalties, interest and expenses (including, without limitation, reasonable attorneys’ fees) arising out of any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this website, including, without limitation, any claims for defamation, violation of publicity or privacy, copyright or trademark infringement resulting from your submissions of any content, tagged content or other materials, any economic harm, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised Defy Aesthetic LLC of the possibility of such claim.
LIMITATION OF LIABILITY AND DAMAGES
Your sole remedy for dissatisfaction with the website and any of its service is to stop using the website or service. You agree that under no circumstance shall any of the Defy Aesthetic LLC parties be liable for any damage resulting from your use or inability to use this website or the materials on this website. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers all losses and claims of any type including, without limitation, direct or indirect, special, incidental, reliance, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption.
DISPUTES
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Defy Aesthetic LLC, including its processors, suppliers or licensors or their respective affiliates, agents, directors or employees, are defined for the purposes of these Terms of Service to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Defy Aesthetic LLC including, but not limited to, any claims relating in any way to these Terms of Service (including its breach, termination, or interpretation), any other aspect of our relationship, Defy Aesthetic LLC advertising, and any use of Defy Aesthetic LLC services.
BINDING INDIVIDUAL ARBITRATION
You and Defy Aesthetic LLC agree to arbitrate all disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Any arbitration under this agreement will be only be on a individual basis; class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted, and you are waiving your rights to have your case decided by a jury and to participate in a class action against Defy Aesthetic LLC. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association () or Jams () according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The federal arbitration act, 9 u.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Maryland or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Defy Aesthetic LLC will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Defy Aesthetic LLC also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the city of Bethesda and county of Montgomery in the state of Maryland, or federal court for Southern Maryland.
JURISDICTION AND VENUE
Information provided on Defy Aesthetic LLC’s website is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
This website is a service provided by Defy Aesthetic LLC and does not constitute any contact with any jurisdiction outside the State of Maryland. Use of this website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the website illegal. Users in such jurisdictions visit and use this website entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive venue and exclusive remedy provisions and the warranty disclaimers.
This Agreement is entered into and performed in the State of Maryland, United States of America. It is governed by and shall be construed under the laws of Maryland, exclusive of any choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the Maryland, each party irrevocably submits to the exclusive personal jurisdiction of the Maryland State Courts, Montgomery County, or Federal Courts of the United States Court. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts.
REQUESTS FOR INFORMATION
If you contact Defy Aesthetic LLC and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Online Privacy Notice.
LIMITATION ON TIME TO INITIATE A DISPUTE
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
LINKS TO OTHER WEBSITES
The Defy Aesthetic LLC website may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by Defy Aesthetic LLC. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in these Terms of Service. Defy Aesthetic LLC expressly disclaims any liability for these websites. Please remember that when you use a link to go from our website to another website, our Online Privacy Notice and Notice of Privacy Practices is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies.
DOWNLOADABLE FILES AND EMAIL
Defy Aesthetic LLC cannot and does not guarantee or warrant that email or files available for downloading from its website will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Defy Aesthetic LLC does not assume any responsibility or risk for damage to your computer or its files related to your use of the website.
OTHER PROVISIONS
Except as expressly provided in these Terms of Service, these terms are a complete statement of the agreement between you and Defy Aesthetic LLC, and they describe the entire liability of Defy Aesthetic LLC and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of this website. In the event of a conflict between these Terms of Service and any other Defy Aesthetic LLC agreement or policy, these Terms of Service shall prevail on the subject matter of these Terms of Service. If any provision of these Terms of Service is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting these Terms of Service. These Terms of Service do not limit any rights that Defy Aesthetic LLC may have under trade secret, copyright, patent, or other laws. Defy Aesthetic LLC ’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term.
ASSIGNMENT
You may not assign any rights or obligations under this Agreement without Defy Aesthetic LLC’s prior written consent. Defy Aesthetic LLC may assign all or part of this Agreement.
SURVIVAL
All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.
WAIVER
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
NOTICES
You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.
SEVERABILITY
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.
ENTIRE AGREEMENT AMENDMENT
This Agreement constitutes the entire Agreement between you and Defy Aesthetic LLC applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.
CONFLICTING TERMS
Anything on the website inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.
CONTACT
Please contact us with any questions or concerns regarding this notice.
Defy Aesthetic LLC
4401 East-West Highway, Suite 205
Bethesda, MD 20814
Phone: (240) 630-2455
Email: katharine@defyaesthetic.com