Legal Information & Notices

Website Content Ownership - Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the Bio Sculpture USA LLC site located at www.biosculpturegel.com, and all associated sites linked to www.biosculpturegel.com by Bio Sculpture USA LLC, its subsidiaries and affiliates, including Bio Sculpture USA LLC sites around the world (collectively, the "Site"). The Site is the property of Bio Sculpture USA LLC and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Bio Sculpture USA LLC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Bio Sculpture USA LLC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Bio Sculpture USA LLC LLC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Bio Sculpture USA LLC express prior written consent.

You may use information of Bio Sculpture USA LLC products and services (such as training information, articles, and similar materials) purposely made available by Bio Sculpture USA LLC for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Bio Sculpture USA LLC reserves the right to bar any such activity.
Bio Sculpture USA LLC reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Bio Sculpture USA LLC server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Bio Sculpture USA LLC LLC, including any Bio Sculpture USA LLC account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Bio Sculpture USA LLC systems or networks, or any systems or networks connected to the Site or to Bio Sculpture USA LLC LLC.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Bio Sculpture USA LLC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Bio Sculpture USA LLC or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Bio Sculpture USA LLC obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Bio Sculpture USA LLC may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Bio Sculpture USA LLC makes no commitment to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Trademark Information
Copyright Information
    Right and Permissions
    Claims of Copyright Infringement
Piracy Prevention
        Report Piracy
Legal Contacts

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a Bio Sculpture USA LLC ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you’re failing to keep this information secure and confidential. You agree to notify Bio Sculpture USA LLC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Bio Sculpture USA LLC or any other user of or visitor to the Site due to someone else using your Bio Sculpture USA LLC ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Bio Sculpture USA LLC ID, password or account at any time without the express permission and consent of the holder of that Bio Sculpture USA LLC ID, password or account. Bio Sculpture USA LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Links to Other Sites and to the Bio Sculpture USA LLC Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Bio Sculpture USA LLC control, and Bio Sculpture USA LLC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

BIO SCULPTURE USA LLC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BIO SCULPTURE USA LLC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BIO SCULPTURE USA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIO SCULPTURE USA LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BIO SCULPTURE USA LLC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BIO SCULPTURE USA LLC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Bio Sculpture USA LLC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Bio Sculpture USA LLC be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Bio Sculpture USA LLC has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Bio Sculpture USA LLC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Bio Sculpture USA LLC liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Bio Sculpture USA LLC (but not including the purchase price for any Bio Sculpture USA LLC products or any Membership agreement), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Bio Sculpture USA LLC LLC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Bio Sculpture USA LLC by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Bio Sculpture USA LLC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Bio Sculpture USA LLC rights or property, or the rights or property of visitors to or users of the Site, including Bio Sculpture USA LLC customers. Bio Sculpture USA LLC reserves the right at all times to disclose any information that Bio Sculpture USA LLC deems necessary to comply with any applicable law, regulation, legal process or governmental request. Bio Sculpture USA LLC also may disclose your information when Bio Sculpture USA LLC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Bio Sculpture USA LLC may preserve any transmittal or communication by you with Bio Sculpture USA LLC through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Bio Sculpture USA LLC determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Bio Sculpture USA LLC Bio Sculpture USA LLC LLC, its employees, users of or visitors to the Site, and the public.

You agree that Bio Sculpture USA LLC may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Bio Sculpture USA LLC LLC, for which monetary damages would be inadequate, and you consent to Bio Sculpture USA LLC obtaining any injunctive or equitable relief that Bio Sculpture USA LLC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Bio Sculpture USA LLC may have at law or in equity.

You agree that Bio Sculpture USA LLC may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Bio Sculpture USA LLC does take any legal action against you as a result of your violation of these Terms of Use, Bio Sculpture USA LLC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Bio Sculpture USA LLC LLC. You agree that Bio Sculpture USA LLC will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Bio Sculpture USA LLC and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Bio Sculpture USA LLC administers and operates the www.biosculpturegel.com Site from its location in Irvine, California USA; other Bio Sculpture USA LLC sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Bio Sculpture USA LLC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do that on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Bio Sculpture USA LLC with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Bio Sculpture USA LLC with respect to such use are hereby superseded and cancelled. Bio Sculpture USA LLC will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Bio Sculpture USA LLC failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Bio Sculpture USA LLC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Bio Sculpture USA LLC and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Bio Sculpture USA LLC shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice. Copyright © 2000-2010 Bio Sculpture USA LLC All rights reserved. Bio Sculpture USA LLC. 13766 Alton Pkwy, Ste 152, Irvine, CA 92618, USA.

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Trademark, Copyright and Intellectual Property

Bio Sculpture®

Copyright Information

A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws..

Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.

Rights and Permissions

If you have any questions concerning the usage or licensing of Bio Sculpture USA LLC copyrighted materials, for example, photographs, video footage, Bio Sculpture USA LLC advertisements or other Bio Sculpture USA LLC materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the Bio Sculpture material.

Marketing or advertising requests (which may include promotions/giveaways, sponsorship, product placement and partnership requests) may be emailed to info@biosculpturegel.com

For use of Bio Sculpture USA LLC copyrighted or trademarked material in third party works (e.g. publications or media/broadcast) please email your detailed request to info@biosculpturegel.com and include the following:

• Specific image(s) or material for which you are seeking permission
• Surrounding copy or text to the Bio Sculpture USA LLC material you wish to use in your
• Publisher, if applicable
• Publishing date (and countries), if applicable
• Title, if applicable
• How Bio Sculpture USA LLC and its products fit into your project
• Your deadline
• Claims of Copyright Infringement

Bio Sculpture USA LLC Inc. ("Bio Sculpture USA LLC") respects the intellectual property rights of others, and we ask our users to do the same. Bio Sculpture USA LLC may, in its sole discretion, terminate the accounts of users who violate others’ intellectual property rights.

If you believe that your work has been copied in a way that constitutes infringement on Bio Sculpture USA LLC website, please provide the following information to Bio Sculpture USA LLC Copyright Agent:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Bio Sculpture USA LLC Unsolicited Idea Submission Policy

Bio Sculpture USA LLC or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Bio Sculpture USA LLC or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Bio Sculpture USA LLC products or marketing strategies might seem similar to ideas submitted to Bio Sculpture USA LLC. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.

TERMS OF IDEA SUBMISSION

You agree that: (1) your submissions and their contents will automatically become the property of Bio Sculpture USA LLC, without any compensation to you; (2) Bio Sculpture USA LLC may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Bio Sculpture USA LLC to review the submission; and (4) there is no obligation to keep any submissions confidential.

PRODUCT FEEDBACK

Bio Sculpture USA LLC does, however, welcome your feedback regarding many areas of Bio Sculpture USA LLC existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it info@biosculpturegel.com. Please provide only specific feedback on Bio Sculpture USA LLC existing products or marketing strategies. It’s just one more way that Bio Sculpture USA LLC can learn how to best satisfy your needs.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Bio Sculpture USA LLC shall be free to use such information on an unrestricted basis.

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.