WeVolv Wellness User Agreement
Welcome to WeVolv Wellness, LLC.! This User Agreement sets forth the “terms and conditions” which govern your use of our Web site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions, which may be updated from time to time without notice to you. By using this site, you acknowledge your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
The contents of this site, including text, graphics, images, logos, icons, software, and other content (collectively, “Web Site Content”) are protected under United States and foreign copyright, trademark, and other proprietary laws. The compilation (meaning the collection, arrangement and assembly) of all Web Site Content is also protected under United States and foreign copyright, trademark and other proprietary laws. Unauthorized use of the Web Site Content may violate such laws. All Web Site Content is the property of WeVolv Wellness, LLC its content suppliers or its affiliates and partners. Except as set forth in paragraph 2 below, nothing contained in this site should be construed as granting any license or other right to use any such Web Site Content without the written permission of WeVolv Wellness or such other third party that may own the rights to such Web Site Content. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or printing. Except as specifically noted above, you may not reproduce, transmit, publish, distribute, display, modify, create derivative works from, sell or participate in any sale, or exploit in any way, in whole or in part, any of the Web Site Contents or the site.
By this User Agreement, and subject to the terms and conditions of this User Agreement, you are granted a limited, non-exclusive and non-transferable license to the extent necessary and required to use the software and documentation necessary to access, explore and otherwise use this Web site.
USE OF SITE
You are free to use our site for information purposes as set forth above. You may only use our site to legitimately purchase products and/or services if you are of sufficient legal age and can enter into binding contracts. You may not use our site: to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand; to purchase any product you can not or do not intend to pay for; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate any law; to transmit any virus, bug or other harmful item; in any manner that infringes the rights of others or violates their privacy or publicity rights; in violation of any copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right; in any manner that is designed to interfere with the proper working of this site or any activity being conducted on this site; in any manner that imposes an unreasonable or disproportionately large load on this site’s infrastructure; in connection with the use of any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our site other than the search engine and search agents available from WeVolv Wellness and other than generally available third-party Web browsers. You may not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this site. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
AGE AND RESPONSIBILITY
You are responsible for maintaining the confidentiality of your account information, your password and your login information. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
REVIEW OF TRANSMISSIONS
WeVolv Wellness may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that WeVolv Wellness deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant WeVolv Wellness and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicense able right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. WeVolv Wellness takes no responsibility and assumes no liability for any content posted or submitted by you.
PRODUCTS AND SERVICES
These products and services made available by WeVolv Wellness and its suppliers on this Site are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining WeVolv Wellness prior written consent. WeVolv Wellness and its suppliers may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Site, including return and shipping policies, may apply to Your purchase and are incorporated by reference herein.
You agree that all ideas, comments, suggestions or other information that You provide to WeVolv Wellness regarding the Site or products and services provided on the Site (the “Feedback”) shall be WeVolv Wellness property, and may be used by WeVolv Wellness on a non-confidential and unrestricted basis, without compensation to You.
ADVERTISING DISCLOSURE, ACCURACY
Product descriptions posted on our product pages are the representations of our suppliers. The Site may contain technical inaccuracies or typographical errors or omissions. WeVolv Wellness is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. WeVolv Wellness reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
ASSESSMENT & ONE-2-ONE CANCELLATIONS
We require a twenty-four hour notice to cancel any appointment, and a credit card number is required to hold your reservation. Please note that once an appointment is booked–unless we hear otherwise within the 24 hours–we’ll expect you to be there. WeVolv Wellness is reserving your time which is very valuable as is our other guest waiting for appointments….’Skipped’ appointments will be charged in full to the card number with which they were held.
WeVolv Wellness will be happy to accept returns on most any merchandise purchased from the retail locations or online within 10 days of purchase with a valid receipt except as follows: Unfortunately and without exception, we cannot accept returns on any opened products. When items are purchased as a set, we can only accept returns of complete sets, not individual items.
WeVolv Wellness reserves the right to modify, discontinue, or raise prices on certain services without prior notification to ensure that maximum standards of service and quality are met. If you have any questions, please ask your reservationist when you book your appointment.
At WeVolv Wellness we take responsibility regarding your privacy, very seriously. The information we request when making your reservation, is requested in order to book your service. We will only disclose your personal information to third parties for the purposes of completing your booking through us, in order to provide you with the information or services you have requested, or with your explicit consent. We reserve the right to disclose your personal information to certain permitted third parties including members of our own group, trusted business partners and customers that use our spa management software. We would again like to stress that, in accordance with US and Canadian personal data protection laws, strict security procedures are observed at SerenteSpa.com to prevent personal data misuse and unauthorized access.
As payment for services or retail, we currently accept Visa, Mastercard, American Express, Discover Card, and Cash.
CREDIT CARD INFORMATION
Your credit card information is only required to guarantee your booking and subject to the terms and conditions provided by the establishment you book your service.
Your credit card information will be kept securely with Stripe Merchant processing system. We do NOT retain any portion of your credit card details once your transaction is initially processed.
WEVOLV WELLNESS IS NOT A MEDICAL REFERRAL SERVICE, AND DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR MEDICAL TREATMENT OF ANY KIND. WEVOLV WELLNESS DOES NOT OFFER ADVICE REGARDING THE SUITABILITY OR APPROPRIATENESS OF ANY MEDICAL TREATMENT FOR ANY MEDICAL CONDITION. NEITHER THIS WEB SITE NOR ANY OF THE INFORMATION CONTAINED HEREIN IS INTENDED TO BE, NOR SHOULD IT BE CONSTRUED AS, A SUBSTITUTE FOR PROFESSIONAL HEALTH OR MEDICAL ADVICE. WEVOLV WELLNESS (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM (A) YOUR USE OF OR RELIANCE ON THE WEB SITE OR THE INFORMATION CONTAINED HEREIN AS A MEDICAL REFERENCE SOURCE, (B) ANY ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY THIRD PARTY PROVIDER, PARTNER OR AFFILIATE FEATURED ON THIS WEB SITE, OR (C) ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM YOUR USE THEREOF. SHOULD YOU HAVE ANY MEDICAL OR HEALTH CARE RELATED QUESTIONS, OR IF YOU HAVE ANY REASON TO SUSPECT THAT YOU HAVE ANY CONDITION THAT MIGHT REQURIE MEDICAL ATTENTION, WEVOLV WELLNESS ADVISES YOU TO SEEK APPROPRIATE MEDICAL ATTENTION AND CARE PROMPTLY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSION BEFORE EMBARKING ON ANY NEW TREATMENT, DIET, FITNESS OR WELLNESS PROGRAM.
EXCLUSION OF WARRANTY
WEVOLV WELLNESS (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. WEVOLV WELLNESS DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR FREE. THIS SITE MAY CONTAIN INACCURACIES OR ERRORS. WEVOLV WELLNESS AND ANY THIRD-PARTY PROVIDERS, PARTNERS AND AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER WEVOLV WELLNESS NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM WEVOLV WELLNESS OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
WEVOLV WELLNESS (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL WEVOLV WELLNESS (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND REPRESENTATIVES) OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR PURCHASING OR RESERVATIONS), OR (C) THE PERFORMANCE OR NON PERFORMANCE BY WEVOLV WELLNESS OR ANY THIRD-PARTY PROVIDERS, PARTNERS OR AFFILIATES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. UNDER NO CIRCUMSTANCES SHALL WEVOLV WELLNESS BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWERS FAILURES, STRIKES, LABOR DISPUTES, ROTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, ACTS OF TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCUATIONS IN HEAT, LIGHT OR AIR CONDITIONING.
You agree to and shall defend and indemnify and hold WeVolv Wellness and any third-party providers, partners and affiliates, and their officers, directors, employees, representatives and agents harmless from and against any claims, causes of action, suits, proceedings, damages, costs and expenses, or other demand, including, without limitation, legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of, relating to, or arising from your use of this site, the use of your account by and other person or persons, or your breach of these terms and conditions.
The provisions of paragraphs (medical disclaimer), (exclusion of warranty), (limitation of liability) and (indemnification) are for the benefit of WeVolv Wellness and its officers, directors, employees, agents, representatives, affiliates, third party providers and partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
This site may contain links to other Web sites that are provided solely as a convenience to you and not as an endorsement by WeVolv Wellness of the contents of such other Web sites. WeVolv Wellness is not responsible for the content of linked Web sites and do not make any representations regarding the accuracy or content of the materials on such linked Web sites. If you decide to access linked Web sites, you do so at your own risk.
These terms and conditions and their performance shall be governed by the laws of the State of Nevada, United States of America, without regard to its provisions governing conflicts of law. You consent and submit yourself and your property to the exclusive jurisdiction of the state and federal courts located in Carson City, the State of Nevada, United States of America, in all questions and controversies arising out of your use of this site and these terms and conditions and waive any objection that you now or may hereafter have as to the venue of such action or proceeding. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
If WeVolv Wellness or its third party providers, partners or affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to WeVolv Wellness as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that WeVolv Wellness shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by WeVolv Wellness in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
WeVolv Wellness may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which WeVolv Wellness and its third-party providers, partners and affiliates may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to WeVolv Wellness and its third party providers, partners or affiliates, as applicable.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
WeVolv Wellness may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
WeVolv Wellness, LLC
PO Box 401063, Las Vegas, Nevada 89140