TERMS AND CONDITIONS

OVERVIEW

• The terms "we," "us," and "our" refer to Mediluxe, 19349 Diamond Lake Drive, Leesburg, VA 20176.
• The term the "Site" refers to our website themediluxe.com.
• The terms "user," "you,", and "your" refer to the site visitors, customers, members and any other users of the site.
• Your access to and use of the Site is conditioned on your acceptance of and compliance with these terms. These terms apply to all visitors, users and others who access or use the Site.
• By assessing or using the Site, you agree to be bound by these terms. If you disagree with any part of the terms the you must not use this Site.
• Mediluxe does not collect information, including email addresses, from you without asking first. We may request you to supply information personally, which could include contact information like your email, street address, phone number or other information, when we do, we assume that you have agreed to our use of your information under accordance with our privacy policy.

• 1. Privacy Policy

  Our Notice of Privacy Practices is available here. The Notice explains to you how we process information about you. You shall understand that through your use of the Site you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.
  We understand that this information about you and your health is sensitive and personal. We are required by law to abide by the terms of this Notice, to make sure that information that identifies you is kept private, and to give you this Notice of our legal duties and practices with respect to your PHI (Protected Health Information).

• 2. Use Of This Site

  STo access or use this Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using this Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. Mediluxe makes no representation or warranty that the information provided, regardless of its source (the "Content"), is accurate, complete, reliable, current, or error free. Mediluxe disclaims all liability of any inaccuracy, error, or incompleteness in the Content.
  The site may use internet technology know as "cookies" to identify your device so that we can offer appropriate website features to you that are compatible with that device. Cookies also provides us information about whether you have visited our Site in the past (the browsing history). Cookies does not allow us to collect your email address or other information from your hard drive. The control of your browser settings remains with you, as you can choose to accept cookies, reject, or receive notifications when a cookie is sent. If you set your browser to reject cookies, you may not be able to use all the features of our Site. If you allow cookies to be used, you agree to the terms in accordance with our privacy policy.
   
  When you share information with us voluntarily, it is implied consent for the collection and use of your data in accordance with our privacy policy. We will not rent or sell personal data we collect on this Site to anyone.
   
  Mediluxe may offer the option to register or purchase products online. During the transaction, it is possible that personal information will be collected. If that is the case, we may share that information with other parties to accommodate support services like credit card authorization or fulfillment of your order. By voluntarily giving us that information, you give Mediluxe permission to provide your data to the third parties that provide these services. You also agree not to hold Mediluxe liable for any of the actions or omissions of these third parties.
   
  We may also collect non-personal information provided by your browser when you request a page view from our server. This information may include your browser time, IP address and access times. Mediluxe uses this information for supporting Site operations and to evaluate traffic patterns to our Site.
   
  We reserve the right to send mail or email regarding products or services to the personal information you have voluntarily provided. If you do not wish to receive these communications, we will provide instructions on how to be removed.

• 3. Services

  Mediluxe offers medical spa services, nail care, skincare products, and health and beauty products. Use of all Mediluxe digital information, including all materials presented herein and all online services provided by Medilixe, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the Site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them. Mediluxe reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
  We may use certified payment systems, which also may impose fees. Such fees may be passed on to you when you choose a particular payment system. Detailed information about fees from such payment systems may be found on their websites.

• 4. Links To Third-Party Resources

  The Site and the Service may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Mediluxe. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

• 5. Refusal Of Services

  The Services offered are subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

• 6. Duration Of Agreement

  Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties, such as vendors that we use that supply product to provide the Service. You agree and understand that no breach of contract action may be initiated against Mediluxe when there are reasonable delays in the access of the Service. Mediluxe reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but not required to do so under the terms of this agreement.

• 7. Product Description

  We attempt to describe and display the Service as accurately as possible. While we try to be as clear as possible in explain the Service, please do not accept that the Site is entirely accurate, current, or error free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

• 8. Lawful Purposes

  You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. You may not use the Site in a way that may disable, damage, or interfere with the Site.

• 9. Intellectual Property Rights To Your Materials

  We claim no intellectual property rights over the material you supply to Mediluxe, the rights to your Content. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Mediluxe remains yours to the extent that you have any legal claims therein. You agree to hold Mediluxe harmless form and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By you posting material on the Site, or to a Third-Party review site, you grant us a worldwide, non-exclusive, irrevocable license to use the material for promotional, business development, and marketing purposes. You consent to your name, words, voice, and likeness being used by Mediluxe for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.

• 10. Our Intellectual Property

  All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the "Content"). The Content is owned by Mediluxe, its contractors, or other providers of such material and are protected by intellectual property laws that protect such rights. You agree to use all trademark, copyright, and other proprietary notices or restrictions contained in the Content and you are prohibited form changing the Content. You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular, you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. We do not grant you any licenses to the intellectual property of the Company.

• 11. DMCA (Digital Millennium Copyright Act Notice)

  We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. If you are the copyright owner of content which appears on our website and you did not authorize the use of the content you must notify us in writing in order for us to identify the allegedly infringing content and take action. We will be unable to take any action if you do not provide us with the required information, so if you believe that your material for which you own the copyright has been infringed upon or violated, please contact us in writing, with the following information:
   
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representation list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   

• 12. Indemnification

  You should indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney's fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

• 13. Disclaimer Of Liabilities

  We make no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the "as is" basis. We disclaim all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, and fitness for a certain purpose. To the maximum extent permitted by the applicable law, in no event shall We be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its Services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason. If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

• 14. Medical Disclaimer

  The Site is not designed to, and does not, provide medical advice. All Content, including text, graphics, images, and information available on or through the Site are for general informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice, or delay in seeking it, because of something you have read on this Site. Never rely on information on this Site in place of seeking medical advice. We are not responsible or liable for any advice, course of treatment, diagnosis or any other information, Services, or products that you obtain through this Site. We encourage you to confer with your doctor regarding information contained on or through this Site. After reading articles or other Content from this Site, you are encouraged to review the information carefully with your professional healthcare provider.

• 15. Misellaneous

  If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and Mediluxe.
   
  The Terms constitute the entire agreement between you and Mediluxe regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral, or written, between you and Mediluxe.
   
  We and our affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond our reasonable control, including technical failures, natural disasters, blockage, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of our control.

• 16. Limitation Of Liability

  You Agree That Under No Circumstances Shall We Be Liable For Direct, Indirect, Incidental, Consequential, Special, Punitive, Exemplary, Or Any Other Damages Arising Out Of Your Use Of The Site Or Service. Additionally, Mediluxe Is Not Liable For Damages In Connection With (I) Any Failure Of Performance, Error, Omission, Denial Of Service, Attack, Interruption, Deletion, Defect, Delay In Operation Or Transmission, Computer Virus, Or Line Or System Failure; (Ii) Loss Of Revenue, Anticipated Profits, Business, Savings, Goodwill Or Data; And (Iii) Third-Party Theft Of, Destruction Of, Unauthorized Access To, Alteration Of, Or Use Of Your Information Or Property, Regardless Of Our Negligence, Gross Negligence, Failure Of An Essential Purpose And Whether Such Liability Arises In Negligence, Contract, Tort, Or Any Other Theory Of Legal Liability The Foregoing Applies Even If Mediluxe Has Been Advised Of The Possibility Of Or Could Have Foreseen The Damages. In Those States That Do Not Allow The Exclusion Or Limitation Of Liability For The Damages, Our Liability Is Limited To The Fullest Possible Extent Permitted By Law. In No Event Shall Mediluxe, Llc'S Cumulative Liability To You Exceed The Total Purchase Price Of The Service You Have Purchased From Mediluxe, And If No Purchase Has Been Made By You Mediluxe Cumulative Liability To You Shall Not Exceed $100.

• 17. Effects Of Headings

  The subject headings of the paragraphs and subparagraphs of this agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

• 18. Enter Agreement; Waiver

  This agreement constitutes the entire agreement between you and Mediluxe pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understanding between us. No waiver of any of the provisions of this agreement by Mediluxe be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Mediluxe.

• 19. Recovery Of Litigation Expenses

  If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement, or because of an allege dispute, breach, default, or misrepresentation in connection with an of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

• 20. Severability

  If any term, provision, covenant, or condition of this agreement is determined to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

• 21. Notices

  All notices, requests, demands, and other communications under this agreement shall be in writing and properly addressed as follows:
   
  Mediluxe
  19349 Diamond Lake Drive
  Leesburg, VA 20176