Terms of Service and Conditions of Use
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING
OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE. IF YOU DO NOT
UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE. WE MAY MODIFY THIS AGREEMENT AT
ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR
WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT,
INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.
OUR WEBSITE AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OUR
WEBSITE AND THOSE SUPPLYING CONTENT TO IT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL
WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. OUR WEBSITE AND THOSE
FEATURED OR INCLUDED ON IT MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
By using this website, you agree to obey these Terms of Service and Conditions of Use. Please read them carefully.
You agree to obey all applicable laws and regulations regarding your use of our website and the content and materials provided in it.
Our website is an independent, stand-alone entity owned and provided by LUX Med Spa and Wellness Center. Our website has no
relationship, connection, or affiliation whatsoever with any other company, person, organization, entity or group, even if such name
appears on our website or in its name, domain, URL, or otherwise. Company names, products, logos, trademarks and any other
proprietary intellectual property or otherwise belongs to the rightful owner, which is not us. You should not assume, even if a
company name is on the website/domain name of this website, that there is an express, implied, or otherwise agreement, joint
venture, partnership, or other relationship between us as website proprietors and any of these companies that are discussed merely
for educational or other purposes.
You do not own rights to any message, photo, content, article, blog post, software, application, add-on, plugin, art, graphics, images,
photos, video, webinar, recording or other materials submitted, viewed or listened to through or from our website or via email or by
way of protected content in a membership site. The posting of data on our website, such as a message, photo, or blog comment,
does not change this fact and does not give you any right in the data. You surrender any rights to your content once you have
signed a consent to release form and it becomes part of our website or social media.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER,
THE CONTENT ON OUR WEBSITE OR SOCIAL MEDIA, INCLUDING TEXT, IMAGES, VIDEOS, GRAPHICS, CODE AND/OR
SOFTWARE. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of
the content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in
any way for any public or commercial purpose. The use of paid content on any other website or in a networked computer
environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the content
automatically terminates and you must immediately destroy any copies you have made of the content.
Trademarks
Publications, products, content or services referenced herein or on our website are the exclusive trademarks or service marks of our
website or related parties. Other product and company names mentioned in our website may be the trademarks of their respective
owners.
Restricted access
Access to certain areas of our website may be restricted. We reserve the right to restrict access to other areas of our website, or
indeed our whole website, at our discretion.
Links to Our Website
You may provide links to our website, provided you do not change, remove, or obscure the copyright notice or other notices on our
website. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided
you understand that you must stop linking to our website immediately upon request by us.
Third-Party Products/Services
You understand that, except for information, products or services clearly identified as being supplied by our website, our website
does not operate, control or endorse any information, products or services on the Internet in any way. Except for information
identified by our website as such, all information, products and services offered through our website or on the Internet generally are
offered by third parties that are not affiliated with our website, and we may be compensated.
Viruses, etc.
You understand that our website cannot and does not guarantee or warrant that files available for downloading through our website
will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and
output, and for maintaining a means external to our website for the reconstruction of any lost data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR WEBSITE
PROVIDES OUR WEBSITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE
LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-
FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
Limitation of Liability
The content of our website may contain inaccuracies or typographical errors. Our website makes no representations about the
accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using our website or the
content on it. Use of our website and the content is at your own risk. Changes are periodically made to our website and may be
made at any time.
YOUR USE OF OUR WEBSITE IS “AS IS”. OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE
ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL
GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential Damages
IN NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITE BE LIABLE
FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE
AGGREGATE LIABILITY FOR BOTH OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED
TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.
Privacy
We have a separate Privacy Policy which can be accessed by clicking on the link from the main page or the footer of our website.
By using our website, you agree that we can use any data you submit, or which will collect in accordance with our Privacy Policy,
which may be changed at any time without notice to you.
Indemnification
You agree to indemnify, defend and hold harmless our website, its members, officers, directors, employees, agents, licensors,
suppliers and any third party information providers to our website from and against all losses, expenses, damages and costs,
including reasonable attorneys’ fees, resulting from any use of our website or violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing our website.
Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of our website and its owners,
officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
Term; Termination
We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take
any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile,
email addresses, usage history, IP addresses and traffic data.
This Agreement, in whole or in part, may be terminated by LUX Med Spa and Wellness Center without notice at any time for any
reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights), and 9 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.
Social Media
You should assume that social media is in use on our website. As with sharing information about other people, extreme caution
should be used before revealing information about yourself. We are not responsible for removing content once shared, and we may
not be able to do so.
Restrictions on Use of Social Media Data
You, as a visitor to our website, are not permitted to “mine” social media or other platforms contained herein for personal information
related to others. Even where people have publicly displayed data, you should not construe that as though you have the liberty to
capture, reproduce, or reuse that information. Any use of social media or related platforms on our website are for interactive use
only, relevant only during the website visit.
Accuracy of Social Media Data
As any social media platform is built on user-generated content, you should consider this fact in seeking to determine the
authenticity of anything you read. We are not responsible for verifying any user-generated content for accuracy. A best practices
policy would be to view all such content as strictly opinion, not fact.
Copyright Violations and the Digital Millennium Copyright Act
We will respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright
Act. If you feel that a copyright you own is being infringed or there are copyright violations on our website, please contact us and we
will respond immediately
Refund Policy
All online purchases completed through our website are final. There are no refunds permitted. All payments for treatments received
are final. We do not offer refunds for any treatments performed. For any unused packages or prepaid promotions patients may
request a refund up to 50% of the total amount paid if within 30 days from the original sale date. If a refund is requested, discounts
given for packages or promotions will no longer apply to purchase and patient is responsible for full cost of treatment received
if/before a refund is approved. All funds for prepaid treatments are added directly to the patient’s wallet. Deposits are required to
book an appointment for all laser treatments; Deposits are non-refundable. If patient has prepaid for treatment, deposit for booking
treatment will come directly out of patient’s wallet. Deposits will be applied to treatment received. Gift cards are non-refundable.
Please note that this is subject to our discretion and may require review.
Governing Law
This Agreement shall be treated as though executed, set in force, and performed in the State of Florida. Accordingly, it shall be
governed and construed in accordance with the laws of Florida in terms of those applicable to agreements, without regard to conflict
of law principles.
Modification
Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.
Assignability and Interpretation
Our website may assign its rights and duties under this Agreement to any party at any time without notice to you. The language in
these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any
rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting these
Terms of Service and Conditions of Use.
Severability
Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as
much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full
force and effect.
This Agreement Prevails
To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms of Service and Conditions
of Use, these Terms of Service and Conditions of Use shall take precedence, unless we specifically enter into a separate written
agreement with you.
Non-waiver
Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision
nor of the right to enforce the provision. Our rights under these Terms of Service and Conditions of Use shall survive any termination
of this agreement. Any rights not expressly granted herein are reserved to LUX Med Spa and Wellness Center.
CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over
time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated and carried out by LUX
Med Spa and Wellness Center, to protect you and our website. If this page is important to you, you should check back frequently as
no other notice of changed content will be provided either before or after the change takes effect.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page or simply wish to reach us for
any other reason, you may do so by using our contact information found on the Contact page.