TERMS OF USE
OVERVIEW
Vivid Health & Beauty Corporation operates this website. On this site, the terms, “our”, “us”, and “we” refer to Vivid Health & Beauty (“VHB”). By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”) which may be amended from time to time, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. VHB 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.
SECTION 1 – ACCEPTANCE OF TERMS AND CONDITIONS
This website’s use is conditioned upon your acceptance of the terms and conditions contained herein, and the website and terms may be amended from time to time. You as the users of this website hereby understand and agree that your use of such website constitutes acceptance of the terms and conditions set forth in this legal notice. VHB reserves the right to modify the terms and conditions at any time without prior notice. If you do not agree to these terms, you may not use this website.
SECTION 2 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any minors under your care to use this site.
SECTION 3 – TERMS OF PURCHASE
Certain products or services may be available exclusively online through the website. All products or services may have limited quantities and are subject to return or exchange only according to our Return/Refund Policy. VHB reserves the right, and is not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to refuse any order placed with us and, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may exercise these rights on a case-by-case basis.
Intermittently there may be material 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).
SECTION 4 – PROHIBITED USE
Any use of this website for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (1) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous or defamatory information; (2) activities involving the transmission of junk mail or spamming; (3) activities involving the promotion or use of viruses; (4) activities that violate any law, regulation or statute; and/or (5) promote other brand’s products on our website (6) activities that infringe upon any legally protected property right, etc. By using this site, you agree that any and all information transmitted to or with the use of the site cannot and shall not be deemed confidential or proprietary. We reserve the right to monitor transmissions and investigate any alleged prohibited use of the website and to disclose any and all information relating to such prohibited use. VHB, its officers, directors, affiliates, employees, agents, and partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this website. Any violation of the or any other section contained herein may result in immediate termination of service and or any other action we determine to be appropriate under the circumstances.
SECTION 5 – MODIFICATIONS
This website may contain typographical errors or technical inaccuracies. VHB reserves the right to modify the content of this website at any time without prior notice, including prices for our products (including corrections to erroneous pricing discovered after an order is placed). We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. VHB’s failure to enforce any section of these terms and conditions shall not be construed as a waiver of such provision.
SECTION 6 – TRADEMARKS
This website contains trademarks, trade names, service marks, copyrights, and/or logos belonging to VHB. Such marks remain the property of VHB. You recognize and acknowledge the ownership of these marks and understand that you do not acquire, through use of this website, any right, title, or interest in the marks. You agree not to change, modify, and/or exploit the marks, nor participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.
SECTION 7 – THIRD PARTY RELATIONSHIPS
This website may contain links to other sites. These links are provided merely to assist the user. These sites are independent of VHB’s site, and we do not and cannot control the content and/or representations of such sites. The information presented via these links may not necessarily reflect beliefs held by VHB. The inclusion of a link does not mean that we accept or endorse any of the content contained in such site. The user is responsible to protect himself/herself/they/them while associating with the linked site. VHB, its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.
SECTION 8 – SEVERABILITY
If one of more of the provisions contained in these terms and conditions are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any limitation is not feasible, such provision shall be excluded from these terms and conditions and the balance of these terms and conditions shall be enforceable.
SECTION 9 – WARRANTIES & LIMITATION OF LIABILITY
VHB DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL VHB BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEBSITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time-to-time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
SECTION 10 – FORCE MAJEURE
Notwithstanding any other provision set forth in these terms and conditions, VHB shall not be liable for any failure or delay in its performance due to any cause beyond our reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that VHB shall attempt to correct promptly such failure or delay in performance to the extent practicable and consistent with then applicable law and regulatory requirements.
SECTION 11 – INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless, VHB, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney’s fees) asserted by any third party as a result of your use of this website. VHB has the right to control any defense pertaining to this section.
SECTION 12 – RELATIONSHIP
Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other party.
SECTION 13 – GOVERNING LAW
These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of California, United States of America, without regard to any choice of law principles.
SECTION 14 – JURISDICTION
You hereby agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts of California and of the United States of America located in California for any and all claims arising from the use of this website.
SECTION 15 – ENTIRE AGREEMENT
These terms and conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety and all written or oral agreements previously existing between the parties with respect to the subject matter.
SECTION 16 – VHB INSIDER/INSIDER GOLD/PACKAGE MEMBERSHIP PROGRAMS
The VHB Insider, Insider Gold (Subscription) and Package Membership programs, collectively “Programs”, is provided by VHB to clients that opt-in to marketing materials from VHB and/or purchase or subscribe to service packages. VHB is solely responsible for the operation of the Programs and reserves the right to change the terms or discontinue the Programs at any time without any notice. Program benefits cannot be redeemed for or combined with any other promotional offer, credited to an account, redeemed for cash, or applied to past purchases. If VHB determines that a Program member has abused any of the Programs’ privileges, fails to comply with any of the Programs Terms, or makes any misrepresentation to VHB, VHB may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Programs or revoking Member’s membership in the Programs, in each case with or without advance notice to the Member and without liability to VHB.
SECTION 17 – CANCELLING, RESCHEDULING AND NO-SHOW APPOINTMENTS
If you cancel or reschedule within 24 hours of your scheduled appointment start time you will be charged 50% of the service value. This policy includes first time discounted visits and no-shows. Please note if your card on file declines you will be asked to update the card and required to pay the fee before moving forward with a new appointment. Insider Gold (Subscription) and Package Members will be charged a $50.00 reschedule, cancellation or no-show fee if appointment is rescheduled or cancelled within 24-hours of your scheduled appointment start time, or if you do not show up to your appointment.
First Time Clients
We kindly require that you arrive 15 minutes prior to your appointment start time with a valid photo ID to allow time to fill out paperwork and for your initial consultation.
Returning Clients
Please arrive 5 minutes prior to your appointment start time to allow time for check-in.