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.
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.