PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. BY ENTERING OR USING THE WEBSITE, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS, AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.


Last Updated: August 2010

Terms of Use
for
www.expertesthetics.com

1.  Acceptance of Terms of Use.

As used in these Terms of Use, “we,” “our” or “us” means, collectively, Expert Esthetics, LLC, and the website located at www.expertesthetics.com (the “Website”), and “you,” means you, the user of the Website.  By using the Website you agree to the following Terms of Use, which constitutes a legally binding agreement between you and the Website. If you do not agree to these Terms of Use, do not use or access the Website, as you are not authorized to do so. By accessing, browsing and/or using the Website, you acknowledge that you have read and understand these Terms of Use and agree to comply with and be bound by these Terms of Use. We reserve the right at any time and, from time to time, to modify these Terms of Use without notice to you. If we make any such changes, we will post the revised Terms of Use to the Website, and will indicate the date the revised Terms of Use were published, but will not provide any other notice to you. The most current version of the Terms of Use can be viewed by clicking on the “Terms of Use” link located at the bottom of the home page on the Website. Your continued access or use of the Website constitutes acceptance by you of these changes.

2.  Use.

Subject to these terms and conditions, you may use the Website, and the information made available on the Website, for informational, noncommercial and personal use only. You may not use the Website for any unlawful purpose. You agree not to disrupt, place unreasonable burdens or excessive loads on, or otherwise interfere with the normal operation of the Website or another user’s use and enjoyment of the Website.

3.  Intellectual Property.

The information and other content of the Website is licensed or owned by Expert Esthetics, LLC, and is protected by trademark and copyright under United States and foreign laws. The Website may contain other proprietary notices and copyright information, the terms of which must be observed. You may not use any information or other material on the Website, including content and graphic images, in any manner that infringes any copyright, trademark or other proprietary right of any person. You may not reproduce, copy, sell, modify, display or make derivative works or translations of any information or other content made available on the Website. You have no right to distribute any information or other content made available on the Website. Subject to these Terms of Use and provided that you have paid the applicable fees, Expert Esthetics, LLC grants you a personal, non-exclusive, non-transferable, limited license to access and to use the video training(s) purchased for the applicable time periods.  Any use of the information and other content of the Website not expressly permitted by these Terms of Use may violate copyright, trademark, and other laws.

4.  Password.

In order to access certain portions of the Website, you may be given the opportunity to create an account by providing us with certain information such as your email address, and you will choose or be given a non-transferable password to be used in conjunction with your email address to access features and products on the Website. You are responsible for maintaining the confidentiality and security of your password. If you suspect that your password is not secure due to unauthorized access, disclosure or use, you must promptly notify us and obtain a new password. You are responsible for all use of the website using your email address and password. You may not access or use any other user’s account at any time without permission of the accountholder.
 
5.  Use of the Internet or other Electronic Media.

Your use of the Website and its contents is at your own risk. You understand that transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. We do not assume any liability or obligation for any disclosure or interception of information or loss, damage or injury that you may incur as a result of any transmissions over the Internet or other publicly accessible networks in connection with your use of the Website. The Website is based in the United States. We do not represent or warrant that the content of the Website is appropriate or available for use in all locations. Access to or downloading of the content of the Website may not be legal in certain foreign countries. If you access the Website from a foreign country, you are responsible for complying with the laws of the foreign jurisdiction.

6.  Links.

The Website may contain links to other websites. We make no representation or warranty in relation to any other website you might access through the Website. When you use a link to access another website, please understand that it is independent from us, and that we have no control over the content on that website. A link to another website does not mean that we endorse or accept any responsibility for the content, use or otherwise of that website.

7.  Informational Purposes Only; No Medical Advice.

The information provided on or by the Website is purely for informational purposes, and does not constitute medical advice.  Any information provided that is of a medical nature is of a general nature, and not directed to you or any individual, and not intended to be a substitute for medical advice, diagnosis, treatment, or training.  Users are directed to seek the advice of a physician or other qualified health care provider regarding medical issues or questions.  Some procedures and other forms of treatment described on the Website may only be provided under the care and management of a properly-trained, qualified, and licensed physician or other health care provider.

8.Privacy and Protection of Personal Information.

See the “Privacy Policy” at the bottom of the home page for the Website relating to the collection and use of personal information. The Privacy Policy as in effect from time to time is incorporated by reference into and made a part of these Terms of Use.

9.  Submission of Materials.

You may be given the opportunity to submit suggestions, ideas, comments, and other information. In connection with any such submission, you warrant that you own or otherwise control all rights to that submission and that the use of that submission by Expert Esthetics, LLC or its affiliates, will not misappropriate, infringe upon or violate the intellectual or industrial property rights of any person. Further, you grant the Website and Expert Esthetics, LLC, or its affiliates, and their respective assigns, a nonexclusive, royalty-fee, perpetual, irrevocable right and license, with the right of sublicense, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world and in any media. You grant Expert Esthetics, LLC the right to publish the name that you submit in connection with any submission.

10.  Reservation of Rights.

All rights not expressly granted by these Terms of Use are reserved to Expert Esthetics, LLC. We reserve the right at all times to refuse service, terminate accounts, change or discontinue the courses, cancel orders, and to terminate your access to the website, without notice, for any reason whatsoever. Further, we reserve the right at any time and from time to time to modify the Website, its features and functionality, in whole or in part without notice to you. We will not be liable to you or any third party for any modification, suspension, or termination of access to the Website, or loss of related information.

11.  Notice of Claimed Infringement.

Notices of claimed infringement pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, §512, should be sent to the following designated agent:

expertesthetics.com
Expert Esthetics, LLC
______________________________
______________________________

12.  Notice to United States Government Users.

The Website and its contents and any information downloaded from the Website are provided with “Restricted Rights” applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in this Agreement and as provided in Federal Acquisition Regulation §§52.227-19, and 52.227-14, §227.7202 of the Defense Federal Acquisition Regulation Supplement, and other applicable provisions of the Federal Acquisition Regulations.

13.  Limitation of Liability and Disclaimer.

USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE. THE ENTIRE RISK ARISING OUT OF YOUR USE OR PERFORMANCE OF THE WEBSITE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY RELATING TO THE WEBSITE, AND THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, LACK OF VIRUSES, AND NON-INFRINGEMENT OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE OR BY COURSE OF PERFORMANCE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN AN ACTION OF CONTRACT, EQUITY, STATUTORY OR STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY (INCLUDING BREACH OF WARRANTY), INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OR PERFORMANCE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING LIABILITY TO THIRD PARTIES OR ARISING FROM ANY FAILURE TO MEET ANY DUTY, INCLUDING ANY DUTY OF GOOD FAITH OR TO EXERCISE COMMERCIALLY REASONABLE CARE OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE OR BY COURSE OF PERFORMANCE.
THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY OR ANY BREACH OR DEFAULT BY US.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

To the maximum extent permitted by law, you agree that you will not bring, request, join or participate in a class action as to any claim, demand, suit or cause of action you may have against the Website and/or Expert Esthetics, LLC, and you waive and relinquish any right which you may now or in the future have to bring, request, join or participate in any lawsuit or other proceeding on a class action or consolidated basis or to participate as a representative or member of any class of claimants pertaining to any claim, demand, suit or cause of action relating to this Terms of Use, your use of the Website or your purchase of any product or service through the Website. This provision does not constitute a waiver of any of your rights and remedies to pursue a claim individually, and not on a class action or consolidated basis or as a representative or member of any class of claimants.

14.  Waiver; Severability; Governing Law.

The failure or decision by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of any such right or provision.

In the event any provision of these Terms of Use is determined to be in conflict with law or otherwise held to be invalid by a court of competent jurisdiction, you agree that such provision will be deemed amended and restated to reflect as nearly as possible the original intentions of the parties in conformity with applicable law, and the remaining terms, provisions, and restrictions of these Terms of Use shall remain in full force and legal effect.

Florida law governs any action or proceeding relating to these Terms of Use, and your use of the website. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute arising out of or relating to the Website, your use of the Website, or under these Terms of Use. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Hillsborough, State of Florida, U.S.A. 


© 2010 Expert Esthetics, LLC. All Rights Reserved.