ACCEPTANCE OF TERMS
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a company website which has the following description:
Sculpted Contours creates and maintains this website as a service to the public. This website is designed to provide a general overview of Sculpted Contours, our services and products we provide and sell to our clients.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOU.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Sculpted Contours, LLC. The collective work includes works that are licensed to Sculpted Contours, LLC. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of scheduling an appointment, placing an order, or purchasing products from Sculpted Contours. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized in writing by Sculpted Contours, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Sculpted Contours used in the site are trademarks or registered trademarks of Sculpted Contours, LLC.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sculpted Contours, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sculpted Contours, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Sculpted Contours, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Sculpted Contours, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Sculpted Contours, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Sculpted Contours, LLC procedure, service or product is mistakenly listed at an incorrect price, Sculpted Contours, LLC reserves the right to refuse or cancel any orders placed for procedure, service or product listed at the incorrect price. Sculpted Contours, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sculpted Contours, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated or changed by Sculpted Contours, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Sculpted Contours, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Sculpted Contours, LLC.
GOVERNING LAW AND JURISDICTION
The use of this web site and any related claim are governed by the laws of the State of Georgia, without regard to its choice of law provisions. By using this web site, you consent to personal jurisdiction in the federal and state courts of Fulton County, Georgia.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sculpted Contours, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that you will not provide to Sculpted Contours, LLC or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Sculpted Contours, LLC or cause Sculpted Contours, LLC to lose (in whole or in part) the services of our suppliers.
You agree to indemnify, defend, and hold harmless Sculpted Contours, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Sculpted Contours, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Sculpted Contours, LLC, Sculpted Contours, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sculpted Contours, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sculpted Contours, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
DISPUTE RESOLUTION BY BINDING ARBITRATION
Except where otherwise prohibited, by purchasing products from this website, you agree that all disputes, claims, or proceedings, directly or indirectly arising out of your use of the Sculpted Contours, LLC (the “Company”) website or products purchased by or for you on the Company website, shall be resolved exclusively by arbitration, which can be pursued by you only on an individual basis and not on behalf of any other individuals, including without resort to any form of class action. You agree that, by using the Company website, you and the Company are each waiving the right to a trial by jury or to participate in a class action, and that all disputes with the Company arising in any way from the sale, condition, or performance of products purchased through the company website shall be resolved exclusively through final and binding arbitration, and not by a court or jury. You may initiate the dispute resolution proceeding by filling out a form on the Contact Us page of this website and selecting “Other” as the topic of your communication. The Company may then offer to settle your claim.
MODIFICATION OF TERMS
Sculpted Contours, LLC may at any time amend, modify or supplement any terms and conditions applicable to the Site, and Your continued use of the Site will constitute Your acceptance of any such amendment, modification, or supplementation.