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Legal Information & Notices

Website Terms of Use
Online Training Ts & Cs

The Bio Sculpture USA Training Center - Terms and Conditions of Use

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS ONLINE TRAINING LIBRARY. BY ACCESSING THE BIO SCULPTURE GEL USA ONLINE TRAINING LIBRARY, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.

BY USING THE BIO SCULPTURE GEL USA ONLINE TRAINING LIBRARY SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS BIOSCULPTUREGEL.COM MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

1. Contact Information.
Address
www.biosculpturegel.com
Bio Sculpture USA LLB
13766 Alton Parkway, Ste 152
Irvine, CA 92618

Customer Service
Email: info@biosculpturegel.com
Telephone: 1-949-837-8865 or Toll Free 1-800-770-4493
Website: http://www.biosculpturegel.com/Contact.aspx

2. Definitions.

  • “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
  • “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
  • “Educator” means a Bio Sculpture Certified Educator. An Educator is also a Subscriber.
  • “Exercise Files” refers to the exercise files prepared by the authors for use with the training videos and other media.
  • “biosculpturegel.com”, “Bio Sculpture” and “Bio Sculpture USA” refers to Bio Sculpture USA LLC., a California corporation.
  • “Bio-USA Online Training Library” “BioUSA-OTL” or “BOTL” means the password protected database of audio-visual works that is available through the Site.
  • “Premium Content” means the training videos and other media available on the BOTL.
  • Standard Content” means the training videos and other media available on the BOTL “Single- User Bio Certified Subscriber” refers to a Bio Sculpture Certified Manicurist who purchased as an opening order one of four Professional Starter kits which included a hands on training class for one (1) USA State board licensed Manicurist.
  • “Single-user Non Certified Subscriber” refers to a Subscriber who purchased a Bio Sculpture Professional Starter Kit which included an 8 hour training class, but who has not attended the hands on training class yet
  • “Subscriber” refers to any person or entity that purchases or uses a subscription to the Bio Online Training Library, and may be a Single- User Bio Certified Subscriber, Single-user Non Certified Subscriber, Educator, Nail Art Student
  • “User” refers to any party who Accesses the BOTL. If you are Accessing the BOTL as an employee or agent of another, “User” refers to you and your principal.
  • “Website” or “Site” refers to the website maintained on the World Wide Web by Bio Sculpture USA LLC, available at http://www.biosculpturegel.com and http://vimeo/biosculptureUSA.com, Youtube/biosculptureUSA.com and includes the Bio Online Training Library.
  • “You” or “Your” refers to the User. If you are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.

3. Modification of Terms.
Bio Sculpture USA reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Bio Sculpture USA gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

4. Limited License.
Bio Sculpture USA hereby grants each Subscriber a limited, non-exclusive, non-sub licensable and non-transferable license to Access the content and information available in the BOTL according to the provisions contained herein. Each Subscriber may only allow themselves access the BioUSA-OTL. Each Single-User Subscriber agrees that the BioUSA-OTL may not be accessed by more than the authorized Subscriber. Each User shall be authorized to Access the BioUSA-OTL from any Internet connection.

Access to the BioUSA-OTL; Modification of Content.
Bio Sculpture USA strives to provide the online training library to its BioUSA certified technician’s on a continuous basis. To that end, Bio Sculpture USA will take all commercially reasonable efforts to provide uninterrupted Access to the BioUSA-Online Training Library to its Bio Sculpture Certified Customers. However, from time to time, certified customers may be unable to Access the BioUSA- OTL due to conditions beyond Bio Sculpture USA’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Online Training Library to its Bio Certified customers, biosculpturegel.com will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

Bio Sculpture USA endeavors to provide the highest quality content to its Bio-USA Certified Manicurists. To that end, biosculpturegel.com reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Online Training Library in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Online Training Library. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.

Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Online Training Library.

8. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

  • Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the online library, or adversely affects biosculpturegel.com computers, servers or databases.
  • Capture, download, save, upload, print or otherwise retain information and content available in the Online Training Library other than what is expressly allowed by these Terms.
  • Permit or provide others Access to the Online Training Library using your user name and password or otherwise, or the name and password of another authorized User.
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Online Training Library.
  • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Online Training Library.
  • Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Online Training Library content; or “deep link” to the Online Training Library content.
  • Violate or attempt to violate biosculpturegel.com security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
  • Engage in any other conduct which violates the Copyright Act or other laws of the United States.
  • Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or biosculpturegel.com
  • Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
  • Misrepresent your identity or personal information when accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by biosculpturegel.com.
  • Provide any commercial hosting service with Access to the Site and/or the content on the Site.

To ensure that Users of the Site do not engage in Prohibited Conduct, biosculpturegel.com reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the Online Training Library to any person or entity whose use of the Online Training Library suggests Prohibited Conduct. Access of the materials available at the Online Training Library beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the OTL and will result in revocation or denial of Access to the OTL. The terms “normal patterns” and “abuse” shall be determined solely by biosculpturegel.com

You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

9. LIMITED WARRANTIES.
Biosculpturegel.com warrants that the software that allows Users to Access the OTL (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. Biosculpturegel.com PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ALTHOUGH BIOSCULPTUREGEL.COM HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

10. DISCLAIMERS AND LIMITATION OF LIABILITY.
USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 10), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. BIOSCULPTUREGEL.COM DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. BIOSCULPTUREGEL.COM DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL BIOSCULPTUREGEL.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT BIOSCULPTUREGEL.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OTL, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL LYNDA.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT BIOSCULPTUREGEL.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OTL, EVEN IF BIOSCULPTUREGEL.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF BIOSCULPTUREGEL.COM COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. BIOSCULPTUREGEL.COM IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

NO DEALER, AGENT, OR EMPLOYEE OF BIOSCULPTUREGEL.COM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS. BIOSCULPTUREGEL.COM DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT BIOSCULPTUREGEL.COM RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.

THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

12. Copyrights, Trademarks and Other Proprietary Rights.
biosculpturegel.com or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by biosculpturegel.com. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the OTL may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of biosculpturegel.com, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of biosculpturegel.com intellectual property except as set forth in Section 4.

If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to biosculpturegel.com, you may forfeit your intellectual property rights and moral rights contained in such communication or material.

13. Indemnification.
User agrees to defend, indemnify and otherwise hold harmless biosculpturegel.com and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

14. Security; Authorized Use.
Users are prohibited from violating or attempting to violate the security of the Online Training Library. Biosculpturegel.com has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Biosculpturegel.com may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the Online Training Library. To protect against unauthorized Access to Your account, it is recommended that you close the browser when you have finished using the Site. You are responsible for maintaining the secrecy of your user name and password.

You represent and warrant that you are the person on whose behalf you claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that you are an adult who is legally able to enter into these Terms.

You may not use the account, user name or password of someone else at any time. You agree to notify biosculpturegel.com immediately of any unauthorized use or loss of your account, user name, and/or password information. You also agree to notify biosculpturegel.com immediately if you are aware of or suspect other unauthorized use of the Site and/or the Site content. Biosculpturegel.com will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. You may be held liable for any losses incurred by biosculpturegel.com, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.

Biosculpturegel.com will never ask You for Your password. If You need a new user name and/or password, biosculpturegel.com will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.

15. Termination of Agreement.
In addition to biosculpturegel.com other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Biosculpturegel.com may also terminate Access to the Online Training Library or cancel subscriptions to the Online Training Library without notice if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement, or engaged in conduct that biosculpturegel.com deems inappropriate.

16. Privacy Policy.
Biosculpturegel.com values your trust. In order to honor that trust, all of biosculpturegel.com employees are required to adhere to ethical standards in gathering, using, and safeguarding any information you provide.

17. Miscellaneous.
These Terms constitute the entire agreement between biosculpturegel.com and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between lynda.com and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, biosculpturegel.com may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Biosculpturegel.com remedies are cumulative and not exclusive. Failure of lynda.com to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Biosculpturegel.com makes no representation that the content of the Site is appropriate or available for use in all locations. Biosculpturegel.com operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Biosculpturegel.com cannot provide notifications via post, only e-mail.

18. Governing Law; Dispute Resolution; Forum and Venue.
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by California law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and biosculpturegel.com shall be finally resolved through binding arbitration in Carpinteria, California. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the California Superior Court, County of Orange County or the United States District Court for the Central District of California. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the California Superior Court, County of Orange County or the United States District Court for the Central District of California for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.