Terms of Service

Introduction

Welcome to BELLASI Aesthetics PC (“Company”, “we,” “us,” or “our”). We invite you to access and use our websites (the “Websites”). By accessing or using our Websites, you agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated by reference (collectively, this “Agreement”). If you do not agree to these terms, please do not use the Websites. We may update these Terms of Use periodically without notice, and you should review them regularly to stay informed of any changes.

Please note that using any products or services recommended, purchased, or encouraged through our Websites does not establish a medical-professional-to-patient relationship between you and us. Always consult your healthcare professional for medical advice or concerns. We do not guarantee the accuracy, completeness, or safety of any material or products on the Websites. You are solely responsible for your health decisions and should consult a physician before using any medication, supplement, or treatment. If you have or suspect a medical issue, contact your healthcare provider promptly and do not disregard professional medical advice based on content from our Websites.

The Websites are intended for users who are at least 18 years old. If you are under the age of majority in your jurisdiction, review this Agreement with a parent or guardian. Purchases made through our Websites are subject to this Agreement and the accompanying Terms and Conditions of Purchase, which will control in case of any conflict.

Important Notice: The sections titled “Binding Arbitration” and “Class Action Waiver” below include a binding arbitration agreement and class action waiver that affect your legal rights. Please read them carefully.

Terms not defined here have the meanings set forth in our Privacy Policy.

1. Use of Our Websites

We provide access to our Services for Visitors and Registered Users as follows:

  • Visitors: Visitors can explore publicly available content on the Websites and contact us via email without registering or logging in.
  • Registered Users: Registered Users can do everything Visitors can, plus:
    • Purchase products and services through the Websites.
    • Access exclusive content.
    • Create, manage, and update personal accounts.
    • Post comments and other content (“Registered User Content”).
    • Sign up for programs, alerts, and notifications.
    • Participate in our community.

We reserve the right to accept or reject any individual as a Registered User and may deactivate accounts at our discretion, including for violations of these Terms of Use.

2. Community Guidelines

By using the Websites, you agree to follow these Community Guidelines:

  • Comply with all applicable laws and do not use the Websites for unlawful purposes.
  • Do not upload or post content that:
    • Infringes on any copyright, trademark, or proprietary rights.
    • Is defamatory, libelous, obscene, pornographic, sexually explicit, invasive of privacy, promotes violence, or contains hate speech.
    • Discloses sensitive personal information about others (e.g., email, address, phone number, or credit card details).
  • Do not stalk, threaten, or harass others.
  • Do not spam or use the Websites for commercial activities unrelated to our services.
  • Stay on topic when posting Registered User Content.
  • Do not use the Websites to collect market research for a competing business.
  • Do not impersonate anyone or misrepresent your affiliation with any person or entity.
  • Do not interfere with the Websites’ operation through viruses, hacking, or other harmful means.
  • Do not obscure or block advertisements or safety features (e.g., report abuse button).
  • Do not use automated tools (e.g., robots, spiders) to access the Websites without our express written permission, except for public search engines creating searchable indices of public content.
  • Do not impose an unreasonable load on our technical infrastructure.
  • Report inappropriate content that violates these guidelines.

We may deny access to the Websites or remove content that violates these guidelines at our discretion.

3. Restrictions

The Websites are only available to individuals aged 18 or older. If you are under the age of majority in your jurisdiction, review this Agreement with a parent or guardian.

4. Sign-in Name, Password, and Unique Identifiers

Registered Users must create an account with a Sign-In Name, Password, and possibly additional Unique Identifiers for authentication. You must provide accurate and complete information during registration. Each Sign-In Name and Password is for one user only, and sharing access credentials is a material breach of this Agreement. You are responsible for maintaining the confidentiality of your credentials and for any activity conducted through your account. Notify us promptly if you need to deactivate or change your credentials. We may delete or change your Password, Sign-In Name, or Unique Identifier at any time and are not liable for any resulting loss or damage.

5. Fees and Payment

For purchases made on the Websites, you agree to pay all applicable fees and taxes. We or our third-party payment processor will charge your provided payment method, and you consent to this. Payments are charged in U.S. dollars for U.S. addresses or in your local currency for non-U.S. addresses. All purchases are final, with no refunds.

You must provide current, complete, and accurate billing information and update it promptly as needed. Notify us if your credit card is lost, stolen, or if there’s a potential security breach. We may obtain updated credit card expiration dates and charge renewal cards as needed. If payment is not received, you agree to pay all amounts due upon demand, including collection costs and attorney’s fees. You are responsible for any foreign transaction fees charged by your bank or credit card issuer.

6. Intellectual Property

The Websites contain materials such as videos, coursework, meal plans, recipes, shopping lists, training modules, photographs, software, text, graphics, images, and sound recordings (collectively, “Content”). This Content may be owned by us or third parties and is protected by U.S. and foreign laws. Unauthorized use may violate copyright, trademark, or other laws.

Visitors may view publicly available Content for personal, non-commercial use. Registered Users who purchase products or services may download and view related Content for personal, non-commercial use. No other use of the Content is permitted without our prior written consent. You may not sell, transfer, modify, or distribute the Content for public or commercial purposes. Violating this Agreement terminates your permission to use the Content, and you must destroy any copies you have made.

The Company’s trademarks and logos (“Company Trademarks”) and third-party trademarks on the Websites (“Third-Party Trademarks”) are protected. You may not use them without our written permission. Elements of the Websites are also protected by trademark, unfair competition, and other laws and may not be copied or imitated.

7. Registered User Content and Licenses

Registered Users may post Registered User Content, which is publicly accessible and not confidential. You are solely responsible for your Registered User Content. By posting, you grant us and our sublicensees a non-exclusive, royalty-free, perpetual license to use, modify, distribute, and exploit your Registered User Content worldwide in any media. You also grant us the right to use your name, likeness, and photograph in connection with your Registered User Content for promotion or advertising.

You represent and warrant that your Registered User Content is your original creation or that you have the rights to post it, and that its use by us does not infringe on any third-party rights or violate our Community Guidelines.

8. Communications with Us

We encourage you to email us, but do not send confidential or medical information. We may use any ideas, concepts, or techniques in your communications without compensation or attribution.

9. No Warranties; Limitations of Liability

The Websites and Content are provided “as is” and “as available” without warranties, including warranties of title, merchantability, non-infringement, or fitness for a particular purpose. We are not liable for errors, viruses, or interruptions in the Websites’ operation. Our liability for any damages is limited to the fees you paid us for purchases in the three months prior to the claim. Some jurisdictions may not allow certain warranty exclusions, so some limitations may not apply to you.

The Websites may contain errors or omissions, and not all products or services are available in every location. We reserve the right to make changes to the Websites without notice.

10. External Sites

The Websites may link to third-party websites (“External Sites”) for convenience. We do not endorse or control these sites and are not responsible for their content or accuracy. Access External Sites at your own risk and take precautions when downloading files.

11. Representations, Warranties, and Indemnification

As a Registered User, you represent and warrant that:

  • You have the necessary rights to your Registered User Content and any incorporated works.
  • Your Registered User Content does not violate third-party rights.

12. Copyright Infringement Notices

To report copyright infringement, contact our agent at:

  • By Mail: 5037 Allegro Pl, El Dorado Hills, CA 95762
  • By Email: bellasi_aesthetics@yahoo.com

Include: (i) a description of the infringed work and its location on the Websites; (ii) the location of the original or authorized copy; (iii) your contact information; (iv) a statement of good faith belief that the use is unauthorized; (v) a statement under penalty of perjury that your notice is accurate; and (vi) your signature.

13. Controlling Law

This Agreement is governed by California law, without regard to conflict of laws provisions. If we prevail in a dispute, you agree to pay our reasonable attorneys’ fees and costs.

14. Binding Arbitration

Disputes related to this Agreement, the Content, or the Websites may be resolved by binding arbitration under the Federal Arbitration Act (FAA). Arbitration is final and binding, and neither party may litigate in court or have a jury trial, except in small claims court if applicable. Arbitration will be conducted by JAMS under its Comprehensive or Streamlined Arbitration Rules (available at www.jamsadr.com). Each party pays its own JAMS fees. The arbitration may be conducted remotely or in the United States. Parties may litigate to compel arbitration or enforce an arbitrator’s award.

15. Class Action Waiver

Disputes will be resolved individually, not as part of a class action or representative proceeding. You may only bring claims in your individual capacity.

16. Equitable Relief

If you breach our intellectual property rights, we may seek injunctive relief in any court to protect our interests. You consent to the jurisdiction of California courts for such actions.

17. Miscellaneous

Our failure to enforce any provision of this Agreement is not a waiver. This Agreement is the entire agreement between you and us regarding the subject matter, superseding prior agreements. Section headings are for convenience only. This Agreement benefits our successors, assigns, and licensees.

Contact Information

BELLASI Aesthetics PC
By Mail: 5037 Allegro Pl, El Dorado Hills, CA 95762
By Email: bellasi_aesthetics@yahoo.com

Copyright © 2023
Last Modified: 10/24/2024

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