Terms of Service
Terms of Service
Please read these Terms of Use (“Terms”) carefully. These Terms are between you (“you” or “your”) and NOUVELLE MED SPA. (“NOUVELLE MED SPA,” “we” or “our”) and cover your use of our website, NOUVELLE MED SPA, (“Site”), and the services available on our Site (collectively, the “Services”).
You accept and agree to be bound by these Terms and our Privacy Policy (available at this link) by accessing or using the Site or the Services. The Services are available only to people who are at least eighteen (18) years old and possess the legal capacity to form a binding agreement with NOUVELLE MED SPA. IF YOU DO NOT HAVE SUCH LEGAL CAPACITY, OR IF YOU DO NOT AGREE TO ABIDE BY OR BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, THEN DO NOT ACCESS THE SITE OR USE THE SERVICES.
- The Services offered on our Site
The Site and Services are designed for both physicians and consumers in the field of aesthetics and cosmetics. Opening an account allows you to enjoy the full scope of our Services. Physicians are required to pay for the use of our Services. The Services include (or may include) the following features:
- The collection and aggregation of up-to-date and useful information relating to physicians in the field of aesthetics and cosmetics (including, for example, editorial board commentary, breaking news in the industry, clinical reviews, scientific journal articles, ratings of such physicians, etc.);
- “Interactive Areas” on which consumers and physicians may connect with each other and share information (e.g. requests, questions, responses, comments, blogs or other chat features, recommendations, uploading content, photos, videos, and other proprietary materials which may be related to the Services). All content uploaded by consumers shall be called “Submissions“. Physicians may also share “before and after” photos of treatments. All content uploaded by physicians shall be called “Physician Submissions“;
- Displaying or sending you commercial information related to the Services in accordance with your current geo-location.
The Site or Services include our proprietary content or licensed content of others and may include additional resources such as FAQ and support, contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features, related graphics, illustrations, drawings, animations and other features obtained from or through the Site or Services (collectively, the “Content”).
THE USE OF OUR SITE OR SERVICES MAY ENABLE CONSUMERS TO FACILITATE A CONNECTION WITH VARIOUS PHYSICIANS. NOUVELLEMEDSPA.COM DOES NOT OWN, SELL, CONTROL, MANAGE, OPERATE, ENDORSE, SPONSOR, AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER WITH, THE VARIOUS SERVICES, PRODUCTS, OR OFFERS WHICH MAY BE PROVIDED BY SUCH PHYSICIANS.
TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND SERVICES AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, COST, OR EXPENSE INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES OR THE CONTENT OR THE SUBMISSIONS OR PHYSICIAN SUBMISSIONS.
YOUR USE OF THE SITE OR SERVICES IS ENTIRELY AT YOUR OWN RISK.
- No Professional Relationship; No Medical Advice
The Site provides general information relating to the aesthetic and cosmetic industry for educative, informative, and entertainment purposes. All such information is not intended to replace or complement any professional medical consultation, advice, or treatment, which should be provided by a certified physician.
All information displayed on or through the Site or Services does not create any doctor-patient relationship. ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE OR SERVICES RELATING TO YOUR HEALTH IS AT YOUR SOLE RESPONSIBILITY. It is always recommended to consult with a professional prior to making any decisions affecting your health.
- Prohibited/Restricted Uses
You are welcome to read the information appearing on the Site, share information and connect with others in the Interactive Areas. Except to the extent you were authorized in writing by NOUVELLEMEDSPA.COM you may use the Content, Site, or Services only for personal, non-commercial uses, and may not use the Services to advertise or promote a product, service, procedure, business, or any other person. Without limiting the foregoing, you may not use the Services to post any Submissions:
- More than once (e.g. a comment or review should not be shared by you more than once);
- That is fabricated, false, or misleading;
- That promotes a medical product marketed, sold, or distributed by you, your workplace or business, your employer, or a person to whom you are related;
- That promotes a medical service offered by you, your workplace or business, your employer, or a person to whom you are related;
- That is for, on behalf of, or at the request of another person, if such other person would violate any of the above or below restrictions by uploading such Submissions.
- This will not be construed to prohibit physicians from uploading Physician Submissions in a response to content posted by consumers about their business; provided, that (a) the physician has opened an Account in accordance with the Terms, (b) the Physician makes clear that he or she is making a statement on behalf of his/her business, (c) the Physician Submission is limited solely to providing factual information and explanations to refute any statements or allegations in the posted content about his or her business, and (d) the Physician Submission does not otherwise attempt to promote the physician’s business or serve any commercial purposes, as determined in NOUVELLEMEDSPA.COM’s sole discretion. Additionally, you may not:
- Register for multiple accounts or use the account of another person;
- Use the Services or open an account if you are under 18;
- Impersonate any person or entity, falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, or express or imply that we endorse you or your business in any manner;
- Provide medical advice, consultation, recommendations, or diagnosis via the Services;
- Use the Services in any way or for any purpose that is immoral, unauthorized, or against any local, state, federal, or any other applicable laws of the United States or any applicable laws of your jurisdiction (e.g. encourage violence, self-harm, suicide, anorexia, bulimia, solicitation of minors);
- Upload or submit any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of our or another’s privacy or publicity rights, infringing of our or another’s intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable;
- Use the Services in any way or for any purpose that harms or endangers us or our affiliates, agents, resellers, licensors, subsidiaries, officers, directors, shareholders, employs, sub-contractors, distributors, service providers, and/or suppliers (collectively, the “NOUVELLEMEDSPA.COM Representatives”);
- Submit any data containing unsolicited promotion, advertising, contests, or raffles;
- Attempt to interfere with or disrupt the ability to access or the operation of the Services or the servers or networks that host them;
- Remove or disassociate from the Content or the Site any restrictions and signs indicating proprietary rights of NOUVELLEMEDSPA.COM or our licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®);
- To the extent you are a physician, provide a Physician Submission (including without limitation, the “before and after” photos and other personal medical information relating to your clients) unless the Physician Submission will comply with the HIPAA Privacy Rule and any other applicable state privacy requirements, as explained in Section 8 below;
- Bypass any measures we may use to prevent or restrict access to the Services;
- Use any data mining, robots, or other data collection methods in connection with the Site or Services (including the creation of databases);
- Make available in connection with the Services any viruses, worms, Trojan horse, spyware, bugs, malware, or any other harmful content;
- Use the Services in order to verify the credentials of physicians or for any other purposes for which the Services are not intended;
- Infringe or violate any of the provisions of our Terms or Privacy Policy.
PLEASE BE AWARE THAT YOUR BREACH OF THE TERMS OR PRIVACY POLICY MAY ALSO EXPOSE YOU TO CIVIL OR CRIMINAL LIABILITY.
- Your Account
In order to enjoy the full scope of our Services, as a customer or a physician, you are required to register and open an account (the “Account”), by (i) providing us with certain details or (ii) using an existing social network account (e.g., Facebook) (for further information, see our Privacy Policy). You must provide us with accurate and complete information when opening your Account and keep it updated at all times. Users may not open more than one Account (if a business employs several physicians, each of them may open his/her own Account). You are responsible for the activities that occur under your Account and for maintaining the confidentiality of your password and log-in details. The Account is yours and you shall not allow anyone else to use it without our prior written approval. You must immediately notify us of any unauthorized use of your Account or breach of its security. We will not be responsible for any damage which is caused to you if you do not act in accordance with the Terms or Privacy Policy. If you wish to cancel the Account you contact us by e-mail at spa@nouvellemedspa.com and we will cancel it within a reasonable period of time. Once the Account is canceled its information may be deleted on unavailable and we will not be responsible for any loss in this respect. Any of our Users (including unregistered users) may contact us by filling in a Contact Form on our Site (available at Contact Us) which may require their name, e-mail address, and phone number.
- Physicians Payment
Physicians will be charged according to the fees descriptions and terms that are provided on the Site (which may be changed by providing a notice on the Site). Unless stated otherwise on the Site, the fees are non-refundable and are exclusive of VAT and all other taxes and duties. Unless stated otherwise on the Site, we will cancel and delete Accounts of Physicians who failed to pay for their Account within 15 business days following the applicable payment date. Physicians will pay the fees by using online payment services which are rendered by independent contractors. Physicians are solely responsible for using these online payment services and are also required to abide by the terms specified by the applicable online payment service provider. The service provider’s terms of use and privacy policy, not our Terms and Privacy Policy, govern your use of the online payment services.
- Intellectual Property
All of the intellectual property rights (including without limitation, inventions, patents, and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names, and trade secrets, whether or not registered or capable of being registered) in or to the Site and the Content (other than the Submissions and Physician Submissions) (“Intellectual Property”) are owned by us and/or licensed to us and are protected by applicable copyright and other intellectual property laws and international conventions and treaties.
The intellectual property rights in or to the Submissions or the Physician Submissions must be owned by you or licensed to you and not conflict with any third party’s rights or any applicable laws. Physicians (or users, if applicable) must receive all consents and authorizations required by law regarding the use of their respective Submissions (including without limitation, under applicable privacy laws or regulations). YOU AGREE THAT ALL INFORMATION UPLOADED OR SUBMITTED BY YOU IS NON-CONFIDENTIAL AND THAT IT MAY BE MADE PUBLICLY AVAILABLE ON OR THROUGH OUR SERVICES.
You are granted a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable, and fully revocable limited license to use our Site, Content, and Services in accordance with the Terms and Privacy Policy. All rights not expressly granted to you under the Terms or the Privacy Policy are reserved by us and/or our licensors. Among other restricted actions, for example: (i) you may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on the Services, Site or our Content without our prior written consent, (ii) you are not allowed to use our trademarks or third-party trademarks appearing on or through our Services without our prior written consent.
You grant NOUVELLEMEDSPA.COM an exclusive, royalty-free, fully paid up, worldwide, perpetual, and irrevocable license to incorporate any of your feedback, comments, or suggestions regarding our Services into our current or future products, services, or technologies; all without compensation or your approval.
You grant to NOUVELLEMEDSPA.COM a perpetual, non-exclusive, royalty-free, and worldwide license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works, store, and use your Submission/Physician Submission, in connection with the Service, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving our Services. You also grant us permission to attribute you in connection with your Submission/Physician Submission. You hereby waive any rights of privacy or publicity in this respect.
Physicians must also follow all HIPAA Privacy Rule and applicable state privacy requirements and must refrain from uploading, posting, or submitting personal medical data which might be considered protected health information (see Section 8 below) unless such uploading, posting or Physician Submission would be allowed under those laws and regulations and the Physician has obtained the necessary and appropriate authorization and consents. We will not assume any liability in this respect.
The uploading of Submissions or Physician Submissions is at your sole risk and responsibility. We will not be liable for them, their content, any result or damage (including loss, damage, cost) arising from or connected to their submission (including their use by other consumers). Even though we have no obligation to screen, edit, delete or monitor them, we reserve the right to do so at our sole discretion and without giving any prior notice, including in the following cases: (i) in order to conform with legal requirements or respond to any legal adjudication or process; (ii) in order to safeguard the Services or ensure your compliance with the Terms and Privacy Policy; and/or (iii) in order to protect and secure the interests, rights, and property of NOUVELLEMEDSPA.COM Representatives. In addition, we may limit the size and storage spaces available for both kinds of Submission.
- Flagging Content
If you believe that the contents shared by others are inappropriate, offensive, violent, and sexually inappropriate or infringe copyrights, you may bring such content to our attention by using the “flagging” icon.
If you believe that any content infringes your copyrighted work, you may send us a notice to spa@nouvellemedspa.com that will include the following information (a) a description of your copyrighted work; (b) proof that you are the owner of the copyrighted work; (c) a description of the material that you believe to be infringing your copyrighted work and that should be removed or blocked; (d) your contact details; and (e) a statement that the information you provided is accurate. Once we receive the notice, we may take action at our discretion, including the removal of the alleged infringing material.
- Physicians must Comply with HIPAA
Physicians must comply with all requirements of the HIPAA Privacy Rule and applicable state privacy laws and regulations. A Physician must refrain from uploading, posting, or submitting personal medical data which might be considered protected health information unless the Physician has obtained the necessary authorizations and consent to allow such uploading, posting, or submission. Determination of whether information to be included in a Physician Submission is protected health information and/or other medical information protected by the HIPAA Privacy Rule and/or other state laws and regulations is the sole responsibility of the Physician. Obtaining the appropriate authorization and consent is the sole responsibility of the Physician. By uploading, posting, or submitting information, the Physician represents and warrants that the Physician can upload, post, or submit such information in full compliance with the HIPAA Privacy Rule and other state laws and regulations. We will not assume any liability in this respect.
- Linking to our Site and Links to Third Party Websites or Services
You are free to establish a link to our Site on your rightfully owned properties as long as the link does not state or imply any connection or approval of NOUVELLEMEDSPA.COM to your website, products, or services or portray NOUVELLEMEDSPA.COM in a false or offensive manner.
The Site or Services may contain links to non-NOUVELLEMEDSPA.COM website or services for your convenience only; they are not under our control and we do not endorse or assume any responsibility for their content, information, or functionality. Your access or use of any non-NOUVELLEMEDSPA.COM websites or services or reliance upon their content is at your own risk since our Terms and Privacy Policy do not apply to them. Most of such linked sites or services provide legal documents, including terms of use and privacy policy, governing their use.
You agree that NOUVELLEMEDSPA.COM is not responsible or liable, directly or indirectly, for any damage or loss of any kind caused or alleged to be caused, by or in connection with the use of or reliance on any services, content, products, or other materials available on or through such linked sites or resource, or any damage or loss relating to your interaction or dealings with third parties. We reserve the right to terminate any link at any time.
- Disclaimer of Warranties.
To the fullest extent legally permissible, we provide the Site, the Content, and the Services “as-is,” “with all faults” and “as available”. The NOUVELLEMEDSPA.COM Representatives disclaim all warranties of any kind, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CAN NOT CHANGE.
IN ADDITION, IN NO EVENT SHALL NOUVELLEMEDSPA.COM REPRESENTATIVES BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY OTHER PARTY IN RELIANCE OR IN CONNECTION WITH THE SERVICES.
NOUVELLEMEDSPA.COM REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE USE OF THE SERVICES, THE SITE, AND THE CONTENT, INCLUDING BUT NOT LIMITED TO THE OPERATION, ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR SUITABILITY OF THE INFORMATION DISPLAYED ON OR THROUGH THEM.
NOUVELLEMEDSPA.COM REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OR ERRORS.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE NOUVELLEMEDSPA.COM REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, ARISING FROM OR CONNECTED TO THE SITE OR SERVICES OR CONTENT, OR ARISING FROM OR CONNECTED TO THE TERMS AND PRIVACY POLICY OR BY ANY OTHER CAUSE; EVEN IF ANY OF THE NOUVELLEMEDSPA.COM REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, NOUVELLEMEDSPA.COM REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING UNDER THE TERMS AND PRIVACY POLICY OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR CONTENT OR SERVICES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU (IF ANY) TO NOUVELLEMEDSPA.COM FOR USE OF THE SERVICES OR $US1.00, WHICHEVER IS GREATER. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
- Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE NOUVELLEMEDSPA.COM REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, ARISING FROM OR CONNECTED TO THE SITE OR SERVICES OR CONTENT, OR ARISING FROM OR CONNECTED TO THE TERMS AND PRIVACY POLICY OR BY ANY OTHER CAUSE; EVEN IF ANY OF THE NOUVELLEMEDSPA.COM REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, NOUVELLEMEDSPA.COM REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING UNDER THE TERMS AND PRIVACY POLICY OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR CONTENT OR SERVICES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU (IF ANY) TO NOUVELLEMEDSPA.COM FOR USE OF THE SERVICES OR $US1.00, WHICHEVER IS GREATER.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
- Indemnification
You agree to defend, indemnify and hold harmless the NOUVELLEMEDSPA.COM Representatives from and against any obligations, losses, liability, claims, demands, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with: (i) your use or misuse of the Content or Site or Services; (ii) your conduct in connection with the Services or with other users of the Services (including physicians); (iii) your Submissions/Physician Submissions (as applicable) uploaded through the use of the Site; (iv) your violation of the Terms or Privacy Policy; (v) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of a such third party; (vi) any damage, of any sort, you may cause to any third party with relation to the Submissions or Site or Services.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to indemnification by you without first obtaining our prior express written approval.
- Advertisements
We may accept advertisements from third-party advertisers or others. We make no warranties or representations concerning such advertisements. You understand and agree that you are not entitled to any compensation or remuneration with respect to these advertisements.
- Children’s Restricted Use
We reserve the right to request proof of age at any stage so that we can verify that minors or children under the age of eighteen (18) are not using the Service. If we become aware that a person under the age of eighteen (18) is using the Service, we will prohibit and block such person from accessing or using the Service.
- Changes to the Site, Services, Terms, and Privacy Policy
NOUVELLEMEDSPA.COM reserves the right to make changes to the Site, Services, Terms, and Privacy Policy at any time and for any reason, so please re-visit this page frequently. If NOUVELLEMEDSPA.COM makes MATERIAL changes to the Terms or Privacy Policy, then NOUVELLEMEDSPA.COM will either notify you by email or by posting a notice on the Site. These changes will come into effect seven (7) days after such notice was provided on our Site or sent to you by e-mail, whichever is earlier. Otherwise, all changes are effective as of the date indicated at the top of this page (“Last Updated”) and your continued use of the Site or Services after the indicated date will constitute acceptance to be bound by those changes. If the Site, Services, Terms, or Privacy Policy must be amended in order to comply with any legal requirements, the amendments may take effect immediately or as required by the law and without any prior notice.
We reserve the right to stop, temporarily or permanently, the operation of the Site and Services without notice, at any time. All information (ours or yours) made available on the Site or Services may be removed or deleted and you are required to make your own copy of any information you submit to our Site or Service. NOUVELLEMEDSPA.COM will not be liable to you or to any third party for any changes, suspension, or discontinuance of the Site or Services or any malfunctions that may occur in connection thereto.
- Suspension; Termination
If you do not comply with the Terms and Privacy Policy, we may suspend or terminate your Account. If, for any reason, you no longer accent the Terms or Privacy Policy, please stop using the Services (you may cancel your account as stated in Section 4 above) and this will be your sole remedy in such circumstances.
Non-paying Physician’s Accounts may be terminated, as stated in Section 4 above.
Upon termination, by you or us:
- You will cease any further use of the Services and any information that was made available to you prior to the termination;
- All rights granted to you under the Terms and Privacy Policy will automatically terminate;
- Certain data (e.g. Content, Submissions, Physician Submission) may be deleted and you will have no right or claim in this respect;
- The provisions of these Terms that by their nature must survive the termination shall so survive (without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Liability, Limitation of Liability, Indemnification, Jurisdiction, and “General” sections will survive the termination of these Terms).
- General
These Terms constitute the entire agreement between you and us regarding your use of the Services and the Site as detailed herein and supersede any prior agreements between you and us relating to such use. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. Any heading, caption, or section title contained in these Terms or our Privacy Policy is inserted only as a matter of convenience, and in no way defines or explains any section or provision herein. The failure of us or you to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We may assign any right or obligation under the Terms or Privacy Policy without restriction, but you may do so only after receiving our express written consent. Any amendment to the Terms and Privacy Policy must be done in writing and signed by us and you. All correspondence between you and NOUVELLEMEDSPA.COM shall be in English.
YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Jurisdiction
Any claim relating to the Site or Services or their use will be governed by and interpreted in accordance with the laws of the State of Texas, U.S.A without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied. Any dispute arising out of or related to the Site or Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Texas, U.S.A. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction
- For information, questions, or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms or Privacy Policy, please send us an e-mail at spa@nouvellemedspa.com and we will make an effort to reply within a reasonable timeframe.