TERMS AND CONDITIONS
Welcome to Spabiz-success.com. this website is operated by True Massage & Bodywork LLC. All through the site, the terms “we”, “us” and “our” refer to “SpaBizSuccess “. “SpaBizSuccess “offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you hereby agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
By purchasing any digital product of TRUE MASSAGE & BODYWORK you (herein referred to as "Client") agrees to follow the terms stated herein.
Any new digital product which are added to the existing/current store shall also be subject to the Terms and Conditions. We hereby advice that You review the modify version of the Terms and Conditions at any time on this page.
We reserve the right to update, change or replace any part of these Terms and Conditions by posting changes and/or updates to our website. It is your sole responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any updates constitutes acceptance of those changes.
DISCLAIMER
Client understands Ayana Truesdell (herein referred to as "Consultant") and SpaBizSuccess, is not an employee, therapist, or psychotherapist. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment with Client; (2) act as a doctor providing medical advice, diagnosis, or treatment; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
FEES
The fee for SpaBizSuccess and all other digital products are the following two options: a, full payment listed on product (due at the time of purchase) b, or a payment plan that will be agreed upon between the Client and the Company. If you choose to pick the payment plan option, you are responsible for all payments due plus any additional fees.
Please Note that There are no refunds on any payments. Failure to complete payments may result in termination of product and services.
METHODS OF PAYMENT
If Client elects to pay by monthly installments, Client authorizes the Company to automatically charge Client’s credit card or debit card. If Client elects to pay in full, Client may pay by credit card or debit card.
QUALITY OF WORK GUARANTEE
The Company guarantees the quality of the Program. Client understands there are no guarantees to outcomes due to variables outside of the Company’s direct control.
GENERAL CONDITIONS
All rights to this Web Site, the content, information herein and other services and materials made available on this Web Site, including software application, copyright information and proprietary notices that may be provided, (collectively the "Materials") are proprietary to us, subsidiaries, or third parties from which we have gotten permission from and are protected by worldwide copyright laws as well as other intellectual property laws. All rights not expressly granted under these Terms and Conditions of Use are retained by us and such third parties or subsidiaries.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You may not in any way modify, delete, remove, augment, add to, transmit, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit any of such Content, in whole or in part herein this website. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right.
In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software
LICENSE TO USE WEBSITE
Binding by this Agreement, you agree to abide by the granted access in exploring and accessing information from this website. Unless otherwise stated, we own the intellectual property rights herein this website and services provided on the website. Subject to the license below, all the intellectual property rights are reserved. You may download or print out on a single computer for your non-commercial internal use only, unless specifically licensed to do otherwise by us in writing or as allowed by any license terms which accompany or are provided with individual Materials. The above notwithstanding, if you are a commercial user of our products you may print out and use a reasonable number of copies of Materials related to our specific services solely in connection with your authorized use of such service.
You have permission to download the contents of this website to your local hard drive for your personal use. You also have permission to copy the content to an individual third party for their personal use provided that you acknowledge the source of the material as being this website and you inform the third party that they are bound by our terms and conditions.
CLIENT OBLIGATIONS AND CONDUCT WHEN USING THE SITE
This website contains proprietary notices and copyright information, and by consenting to use this website, you agree to observe and abide by the following.
By using this website, you assume full responsibility for the protection of your computer system including but not limited to your computer software and hardware, stored data on your computer system and the stored data and computer systems included hardware and software of third parties who may access or be otherwise connected to your computer systems.
You will assume the full responsibility of ensuring that programs or other data downloaded or otherwise received from this website are free from Viruses, Worms, Trojan horses or other items of a destructive nature.
You also agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By using this website, you accept not to attempt publishing, sending or uploading malicious contents onto the website with the intention of disrupting the website or compromise the website functionality.
DATA SECURITY POLICY
We take the appropriate and reasonable measures to ensure that data transported electronically to us through the website or otherwise and stored by us or otherwise is not accessed by an unauthorized third party/parties.
You accept the risk that data transmitted electronically to us via this website or otherwise may be intercepted before reaching us, or accessed from our data storage means by third parties' unauthorized by us, and may be exploited unlawfully by such unauthorized third parties. We do not assume responsibility for guarding against the access of such unauthorized third parties'. We do not store credit or debit card details on our site.
VIRUSES AND OTHER COMPUTER MISUSE
We do not guarantee in a particular way that our website shall be entirely free or secured from bugs, viruses or other malicious contents. You are responsible for configuring your computer programs, gadgets, information technology, and platform to access our site. You are advised to always use your own virus protection software.
You also agree not to misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would be construed to have committed a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
USER GENERATED CONTENTS
In these terms and conditions of use, “User Generated Content” means any material (including without limitation to text, video material, audio material, and audio-visual material, feedbacks, suggestions) that you upload/submit to this Web Site for review by the public, by us or for whatever purpose.
Please be aware that user generated contents shall be considered non-confidential and non-proprietary; and that by posting, inputting, uploading, sharing, providing or otherwise submitting any user communications to this website you understand and agree that you grant us a worldwide, non-exclusive, irrevocable, royalty-free license to reproduce, use, publish, distribute and translate such user generated content in any existing or future media.
You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You warrant and represent that you own or otherwise control all of the rights to the contents that you provide onto the web site and that such content must not be unlawful, illegal, must not infringe on any third party legal rights, and must not have the capacity of bringing about any legal action; whether against you or us.
We shall have no obligation to monitor the contents provided by the website users, nor shall we have an obligation to remove any User Generated content that you have opted to input and share on our website. However, we have the exclusive right to review any material posted to the website and to remove any materials in its sole discretion.
We reserve the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any User Communications or other materials, in whole or in part, in our sole discretion.
We do not control or endorse the content, messages or information found in any User Generated section and, therefore, we specifically disclaim any liability with regard to them and any actions resulting what you do with any of such content.
PRIVACY POLICY AND PERSONAL INFORMATION
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
Although we have attempted to provide accurate information on this Site, we assume no responsibility for the validity, accuracy and usefulness of the information or Materials; nor do we warrant that the information or Materials are up to date; or that this Web Site shall be available at any particular time or in any given location; that any defects or errors will be corrected; or that the Materials are free of viruses or other harmful components. Your use of this Web Site is at your own sole risk. ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, SATISFACTORY QUALITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY CELTHRIC PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF CELTHRIC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SPABIZSUCCESS AND ITS AFFILIATES, AGENTS, OR OTHER BUSINESS PARTNERS, AND ITS AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE. SPABIZSUCCESS RESERVES THE RIGHT, AT IT OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO COOPERATE WITH SPABIZSUCCESS IN ASSERTING ANY AVAILABLE DEFENSES.
SEVERABILITY
IN THE EVENT THAT ANY PROVISION OF THESE TERMS OF SERVICE IS DETERMINED TO BE UNLAWFUL, VOID OR UNENFORCEABLE, SUCH PROVISION SHALL NONETHELESS BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE UNENFORCEABLE PORTION SHALL BE DEEMED TO BE SEVERED FROM THESE TERMS OF SERVICE, SUCH DETERMINATION SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY OTHER REMAINING PROVISIONS.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
CANCELLATION POLICY
The program is non-cancelable and non-refundable for everyone who enrolls in the Program. The Company will allow for freezes only if client and company agree to do so. Clients may request to postpone, delay, and or enroll in the next scheduled program, with no guarantee that the request will be approved. Client understands that payments are due as specified in the current payment plan, regardless of a delay request or other issues. All delay requests are discretionary as determined by True Massage & Bodywork LLC. Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company
OPERATION, AVAILABILITY AND FUNCTIONALITIES OF THE WEBSITE
We shall try as far as possible to maintain the website accessible 7 days a week and 24 hours a day. Nevertheless, access to the website may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network. Furthermore, we reserve the right to modify or suspend all or part of access to the website or its functionalities, at its sole discretion, temporarily or permanently.
TERMINATION OF THIS LICENSE
In the event that you violate any of the Terms and conditions of Use herein, your authorization to use this Web Site shall be automatically terminated and you must immediately discontinue your use of the Web Site and destroy any downloaded or printed Materials obtained from the Web Site.
GENERAL PROVISIONS
Except as otherwise specified herein, these Terms and Conditions of Use constitute the entire agreement between you and us with respect to your use of this Web Site and supersedes all prior communications and proposals (whether oral, written, or electronic) between you and us with respect to use of this Web Site. Any rights not otherwise expressly granted by this Agreement are reserved by us.
Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision.
If any part of these Terms and Conditions of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
CHOICE OF LAW
These Terms and Conditions shall be governed by and construed in accordance with the applicable United States federal law, without reference to "conflicts of laws" provisions or principles.
CHANGE IN POLICY
Please note that we reserve the right to update and change these Terms and Conditions of Use from time to time at our sole discretion. Please check the Terms and Conditions of Use periodically for changes. Your continued use of this Web Site following the posting of any changes to the Terms and Conditions of Use will confirm your acceptance of those changes. In the case of any violation of these Terms and Conditions of Use, we reserve the right to seek all remedies available in law and equity for such violations.