In General

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The Art of Beauty LLC owns and operates the website located at https://www.theartofbeautyspa.com (“The Art of Beauty LLC,” the “Website,” “us,” or “we”). This document governs your relationship with the Website. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

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Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by us. We have no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

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Privacy Policy

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Our privacy policy, which sets out how we will use your information, can be found at https://www.theartofbeautyspa.com/privacy-policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

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Prohibitions

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You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

You may not use the Website to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

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i. any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in our sole and reasonable discretion;

ii. any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or

iii. any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in our sole and reasonable opinion;

iv. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Website or servers or networks forming part of, or connected to, the Website, or which does or might restrict or inhibit any other user’s use and enjoyment of the Website; or

v. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

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Commercial Use of Service

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If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;

b. You have read and understand this Terms of Service; and

c. You agree to this Terms of Service on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Website include, but are not limited to, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Website in any fraudulent or misleading manner, any automated use of the system, such as scraping the Website, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website, and using the Website in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website and Service is with the permission of The Art of Beauty LLC, which may be revoked at any time, for any reason, in our sole discretion.

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Intellectual Property, Software and Content

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The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of The Art of Beauty LLC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by The Art of Beauty LLC and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You hereby represent and warrant to The Art of Beauty LLC as follows:

a. Any content you post to the Website, including any comments that you may post on the Website (collectively, “Your Content”), is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
b. Your Content does not and will not create any liability on the part of The Art of Beauty LLC, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
We reserve the right to remove Your Content, suspend or terminate your access to the Website and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.

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Appointment Cancellation Policy

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You may book an appointment by calling us at 201.758.1166, booking at https://www.theartofbeautyspa.com or MindBody App. A credit card is required to reserve your appointment. If you wish to use a different form of payment (credit card, check, or cash) to pay for the service, simply inform us at the end of your treatment.

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If you are unable to make your appointment, you must cancel or reschedule at least 24 hours in advance before your scheduled service by calling us at 201.758.1166 or by emailing us at info@theartofbeauty.com. 24-hour notice is defined as one business day. Messages left over the weekend are not considered sufficient notice. If you do not cancel or reschedule within such time, you acknowledge and agree that your credit card will be charged the full price for your service. You will not be entitled to a full or partial refund. You agree not to file or otherwise initiate a credit/debit card chargeback for any purchase. You acknowledge and agree that you will handle any dispute in compliance with the procedure set forth in the Art of Beauty LLC Terms and Conditions, available at https://www.theartofbeautyspa.com/terms-conditions. 

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By making an appointment on our website, you agree to our Terms and Conditions and Privacy Policy, available at https://www.theartofbeautyspa.com/terms-conditions and https://www.theartofbeautyspa.com/privacy-policy, respectively.

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Disclaimer of Liability

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The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, The Art of Beauty LLC and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

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Linking to this Website

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You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

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Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with The Art of Beauty LLC and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to The Art of Beauty LLC.

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Indemnity

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You agree to indemnify, defend and hold harmless The Art of Beauty LLC, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

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Variation

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The Art of Beauty LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

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Invalidity

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If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

Complaints

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We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

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HEALTH AND MEDICAL DISCLAIMER

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THE WEBSITE, THE CONTENT AND THE SERVICES ARE NOT A SUBSTITUTE FOR MEDICAL CARE, AND OFFER NO MEDICAL ADVICE, DIAGNOSIS, HEALTH WARRANTIES OR GUARANTEES OF ANY KIND. YOU UNDERSTAND THAT THE WEBSITE AND THE SERVICES ARE PROVIDED ‘AS IS’ AND NOT INTENDED TO AMOUNT TO ANY ADVICE, INCLUDING WITHOUT LIMITATION MEDICAL ADVICE, OR FOR DIAGNOSTIC PURPOSES ON WHICH RELIANCE SHOULD BE PLACED. WE ARE NOT A MEDICAL CARE PROVIDER AND DO NOT PROVIDE MEDICAL ADVICE. THE WEBSITE AND SERVICES ARE NOT INTENDED TO BE RELIED UPON IN LIEU OF MEDICAL TREATMENT OR ADVICE, WHETHER PHYSICAL, MENTAL, OR OTHERWISE, BY A TRAINED MEDICAL CARE PROVIDER.

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We are not medical doctors therefore we cannot give medical advice. The information presented on our website is not presented with the intention of diagnosing or treating any disease or condition. If you experience a skin irritation or reaction, discontinue use immediately. Before use, skin test each product in a small amount to make sure you will not experience any kind of skin irritation or reaction. Apply the products at your own risk. We are not responsible for skin breakout, irritation or problems. The products we sell are formulated for various skin types, please read each products description, direction for use, formula and recommendations before purchasing or applying it to your skin. If you suffer from any diseases, we recommend you consult with a doctor before using our products. If you have any questions or concerns before purchasing a product, please contact The Art of Beauty LLC for more information.

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Jurisdiction and Choice of Law; Dispute Resolution

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If there is any dispute arising out of the Website and/or the Service, by using the Website and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New Jersey, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of New Jersey with the same force and effect as if such service had been made within the State of New Jersey. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

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Arbitration Provision/No Class Action

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Except where prohibited by law, as a condition of using the Website and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Website and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New Jersey, County of Hudson, or the United States District Court for the District of New Jersey. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New Jersey, County of Hudson, or the United States District Court for the District of New Jersey.

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Waiver

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If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

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Entire Agreement

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The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and The Art of Beauty LLC. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of The Art of Beauty LLC.