Effective Date: This Agreement was last updated on December 1, 2020
This Agreement sets forth the standards of use for the Facialmania Franchising LLC (DBA “Facial Mania Med Spa”) www.facialmaniamedspa.com (the “Website”).
This Agreement is intended to apply broadly and it governs any and all access and use of the Website, the information or content contained on the Website, and all aspects of the Service (defined below). By using the Website, you (“you” or “your”) agree to this Agreement. If you do not agree to this Agreement, you may not use the Website. This agreement sets forth legally binding terms and governs your access to and all use of the website and the information or content contained on any one or all of them, and any of the services (defined below). By accessing or using the website and/or the information or content contained on it, and/or any service (defined below), you are accepting this agreement and you represent and warrant that (1) you have read, understand, and agree to be bound by this agreement, (2) you are at least 18 years old, and (3) you have the right and authority to enter into this agreement. You may not access or use the website and/or the information or content contained on it, and/or any service (defined below) if you are not at least 18 years old. If you do not agree to be bound by this agreement, you may not access or use the website and/or the information or content contained on it, and/or any service (defined below).
Facialmania Franchising LLC’s past, present, or future affiliates or subsidiaries and their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, attorneys, employees, or representatives, are third-party beneficiaries of this Agreement and are collectively referred in this Agreement as “Facialmania Franchising LLC”.
Certain features of the Website may be subject to additional terms that will be provided on the Website. Any and all such additional terms are incorporated by reference into this Agreement. In the event of a conflict between the additional terms and any provision in this Agreement, the additional terms will prevail, but only with respect to the Website and/or any Service (defined below) to which the additional terms apply. Use of the Website may be also governed by the Terms and Conditions of any agreement, service agreement or Membership Agreement you may have entered with your independently owned and operated Facial Mania Med Spa franchised location. Your continued use of the Website and/or any Service (defined below) is an acknowledgement and acceptance that Facialmania Franchising LLC is not a party to any agreement, service agreement and / or Membership Agreement you may enter with an independently owned and operated Facial Mania Med Spa franchised location. Your continued use of the Website and/or any Service (defined below) is an acknowledgement and acceptance by you that Facialmania Franchising LLC is not responsible for any acts or omissions related in any way to your use of the Website or any Service (defined below). Facialmania Franchising LLC reserves the right, at any time, to modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted in the Website. Your continued use of the Website and/or any Service (defined below) after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of service. Through the Website Facialmania Franchising LLC is providing you with information about products and services offered at independently owned and operated Facial Mania Med Spa franchised locations, including but not limited to esthetic medicine, skin care services, massage sessions, along with (a) the ability to provide information, schedule, modify and/or cancel appointments with, or simply contact, Facialmania Franchising LLC offices or any Facial Mania Med Spa franchised location; (b) enter into and use benefits under any Membership Agreement entered with your independently owned and operated Facial Mania Med Spa franchised location; (c) purchase and/or redeem gift cards; (d) purchase of esthetic medicine, skin care services, massage sessions and other services and products at any independently owned and operated Facial Mania Med Spa franchised location; (e) view information about and find the independently owned and operated Facial Mania Med Spa franchised location more convenient to you; (f) request franchise information; (g) complete customer satisfaction surveys; (h) view opportunities to apply for employment with Facial Mania Med Spa independently owned and operated franchised locations; and/or apply for job openings at Facialmania Franchising LLC (collectively the “Service”).
You must (1) provide all equipment necessary for accessing the Website and/or Mobile Application, (2) provide for your access to the Internet to use the Website and (3) pay any fees related with such Internet or equipment.
Disclaimer of warranties. You expressly acknowledge and agree that your use of the website, the information or content contained on it and/or any service is at your sole risk and that, to the maximum extent permitted by applicable law, the website and any content or information provided by it and/or any service are provided “as is” and “as available”, with all faults and without warranty of any kind, and Facialmania Franchising LLC hereby disclaim all warranties and conditions with respect to the website, the information contained on it and/or any service either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement. Facialmania Franchising LLC do not warrant that the website, any content provided by it and/or any service will meet your requirements, that the operation of them will be uninterrupted or error-free, or that their defects will be corrected. No oral or written information or advice given by Facialmania Franchising LLC or its authorized representatives or any employee at any independently owned and operated Facial Mania Med Spa franchised location will create a warranty. No advice or information, whether oral or written, obtained from Facialmania Franchising LLC, any independently owned and operated Facial Mania Med Spa franchised location or through the website and/or the service, will create any warranty not expressly made herein. The foregoing exclusions shall survive any termination or expiration of this agreement or your use of the website and/or the information and content provided by it and/or any service. Some jurisdictions do not allow the exclusion of implied warranties, and therefore in such instances, some of the above-referenced exclusions are inapplicable.
Limitation of liability. You understand that, to the maximum extent permitted by law, Facialmania Franchising LLC shall not be liable for any damages whatsoever, and in particular Facialmania Franchising LLC shall not be liable for any special, indirect, consequential, punitive, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the website or the information contained on it, or any service, whether such damages arise in contract, warranty, negligence, tort, under statute, in equity, at law, or otherwise, even if Facialmania Franchising LLC have been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations are inapplicable.
Indemnification. You agree to indemnify and hold Facialmania Franchising LLC harmless from any claims, demands, liabilities, damages, losses, and expenses, including, without limitation reasonable attorneys’ fees and costs, made by any third party due to or arising out of or connected in any way with your use of the Website and/or any information or content provided on IT, any Service, any service or product provided by or purchased from an independently owned and operated Facial Mania Med Spa franchised location, the violation of this Agreement, using your equipment to access the Website, infringement of any intellectual property or any other right of any person or entity. The indemnification obligations under this Section shall survive the termination or expiration of this Agreement or your use of the Website and/or any Service.
Binding individual arbitration – please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court.
Last Update to THIS Section: December 1, 2020
Purpose. This Binding Individual Arbitration Section governs all Disputes between you and Facialmania Franchising LLC. The term “Disputes” is to be given the broadest possible meaning that will be enforced and means any dispute, claim, or controversy of any kind between you and Facialmania Franchising LLC that arise out of or in any way relate to (1) your access to the Website; (2) your use of the Website; (3) the provision of content, services, and/or products on or through the Website and/or the Service; (4) any product or service provided by or purchased from an independently owned and operated Facial Mania Med Spa franchised location; and/or (5) this Agreement, including the validity, enforceability or scope of this Binding Individual Arbitration Section (with the exception of the Class Action Waiver clause below), whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. The term “Disputes” includes claims that arose or accrued before you assented to this Agreement. If you have a Dispute with Facialmania Franchising LLC that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, you and Facialmania Franchising LLC agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. You and Facialmania Franchising LLC agree that the only disputes not covered by this section are (1) claims regarding the infringement, protection or validity of your or Facialmania Franchsing LLC’s trade secrets, copyright, trademark or patent rights and (2) claims you choose to pursue in small claims court where jurisdiction and venue over Facialmania Franchising LLC and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
Right to Opt-Out of Binding Arbitration and Class Action Waiver Within 30 Days. You have the right to opt-out and not be bound by this arbitration provision by sending written notice of your decision to opt-out to Facialmania Franchising LLC at [email protected] or at 16950 Jog road suite111 Delray Beach FL 33446. Your written notification must include: (1) your name, (2) your physical postal address, and (3) a clear statement that you do not wish to resolve disputes with Facialmania Franchising LLC through arbitration. Otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If you opt-out of this arbitration provision, Facialmania Franchising LLC also will not be bound by it. If you do not affirmatively elect to opt out as described above, your use of the Website and/or any Service will be deemed to be your irrevocable acceptance of this Agreement and any changes/updates to this Section.
If you or Facialmania Franchising LLC with which you have a Dispute elect(s) to resolve your Dispute through arbitration, the party initiating the arbitration proceeding must initiate it with American Arbitration Association, http://www.adr.org.
Location of Arbitration. You or the Facialmania Franchising LLC may initiate arbitration in Palm Beach County, Florida.
Notice of Dispute. If you have a dispute with Facialmania Franchising LLC, you must first send written notice of the nature of the dispute to [email protected] or to 16950 Jog road suite 111 Delray Beach FL 33446 to give the Facialmania Franchising LLC with which you have a dispute the opportunity to resolve the dispute informally through negotiation. You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute. If Facialmania Franchising LLC with which you have a Dispute does not resolve your Dispute within sixty (60) days from receipt of written notice of the Dispute, you or Facialmania Franchising LLC with which you have a Dispute may pursue your claim in arbitration pursuant to the terms in this Section.
Class Action Waiver. Please read this section carefully—it significantly affects your legal rights. Any disputes, claims or controversies, whether in arbitration or court, will be conducted only on an individual basis and not on behalf of, or as part of, any purported class, consolidated, representative or private attorney general proceeding. You further agree that you shall not participate in any class, consolidated, representative or private attorney general proceeding (existing or future) brought by any third party involving a Dispute. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated. The terms of this provision will be binding on you, your heirs, successors, and assigns.
Severability. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that specific clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court and you and Facialmania Franchising LLC agree to waive in that instance, to the fullest extent allowed by law, any trial by jury. Continuation. This Section shall survive any termination of this Agreement or the provision of any Service to you.
Governing law and jurisdiction. The parties agree that the laws of the state of Florida, without regard to its conflict of law rules, govern this agreement and any disputes between you and any disputes between you and. any dispute not subject to arbitration will be litigated exclusively by either party in a court of competent jurisdiction in either the superior court of the state of Florida in and for the county of Palm Beach or in the United States district court for the district of Florida.
Modifications and interruption to service Facialmania Franchising LLC reserves the right to modify or discontinue the Website and/or any Service at any time, with or without notice to you. Facialmania Franchising LLC shall not be liable to you or any third party should it exercise its right to modify or discontinue the Website and/or any Service. You acknowledge and accept that Facialmania Franchising LLC does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Facialmania Franchising LLC’s control.
Google maps/google earth. If you utilize Google Maps/Google Earth or other similar geographic applications in connection with the Website and/or any Service, you are bound by their Terms of Service (including their Privacy Policies).
Security and password; credit card information. You are solely responsible for maintaining the confidentiality of your password and account. Please do not share your password or account information. To purchase Gift Card and other products and services purchases on the Website or on other Facialmania Franchising LLC Web Pages, you may be required to enter your credit card information by an independently owned and operated Facial Mania Med Spa franchised location. Payment is due at your independently owned and operated Facial Mania Med Spa location. By scheduling an appointment through these means, you agree to the Cancellation Policy they might have in place. Facialmania Franchising LLC does not store your credit card information that is entered through the Website or other Web pages, does not make any charge on your credit card and does not have any access to your credit card information. In-Store Payments: Payments you make by credit card In-Store are to an independently owned and operated Facial Mania Med Spa franchised location, not Facialmania Franchising LLC. Facialmania Franchising LLC does not receive any of your credit card information and does not make any charge on your credit card but will use commercially reasonable encryption methods to treat your credit card information in a secure manner. You represent and warrant that your credit card information is true and that you are authorized to use the credit card.
Disclaimer regarding accuracy of franchised location information. Hours of operation, services provided and other information have either been provided by the independently owned and operated Facial Mania Med Spa franchised locations or collected from publicly available sources. While Facialmania Franchising LLC makes every effort to ensure that the information on the Website is accurate, we make no representations or warranties as to the accuracy or reliability of any information on the Website.
Compliance with laws. You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Website or any Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and trademark information. All content included or available on the Website, including site and application design, text, graphics, interfaces, and the selection and arrangements thereof is ©2021 Facialmania Franchising LLC, with all rights reserved, or is the property of Facialmania Franchising LLC and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Facialmania Franchising LLC is strictly prohibited. You agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy the Website and/or any content or information contained on it without prior written permission of an authorized officer of Facialmania Franchising LLC. Facial Mania™ and www.facialmaniamedspa.com are proprietary marks of Facialmania Franchising LLC. Facialmania Franchising LLC’s trademarks may not be used in connection with any product or service that is not provided by Facialmania Franchising LLC and Facial Mania Med Spa independently owned Med Spas, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Facialmania Franchising LLC and Facial Mania Med Spa independently owned Med Spas. All other trademarks displayed in the Website, if any, are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Facialmania Franchising LLC.
Accessibility. Facialmania Franchising LLC is committed to facilitating the accessibility and usability of the Website for all people. To that end, Facialmania Franchising LLC has designed the Website consistent with relevant portions of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.1 Level AA (“WCAG 2.1 AAIf you have specific questions or concerns about the accessibility of the Website please contact us at [email protected]