Effective Date: December 01, 2022
Welcome to California Contour Clinic. These Terms of Service set forth the terms and conditions that apply to your access and use of our website (https://www.californiacontourclinic.com) and other services (collectively, the “Services”) provided by California Contour Clinic. Please review the following terms carefully. If you do not agree to these terms, you may not access or use the Services.
THESE TERMS OF SERVICE CONTAIN A CLASS ACTION WAIVER, JURY WAIVER, AND AN AGREEMENT TO RESOLVE ANY DISPUTE THAT MAY ARISE BY ARBITRATION.
The terms “California Contour Clinic” or “us” or “we” or “our” refer to California Contour Clinic and its affiliates including Kelly Swartz, Founder & CEO, the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services.
The information that we collect:
1. Account Security
To use the Site you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) use the Site in compliance with any and all applicable laws and regulations.
2. Cookies Information
3. Prohibited Conduct.
You agree not to:
- A. Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
- B. Violate or encourage others to violate the rights of third parties, including intellectual property rights;
- C. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
- D. Interfere in any way with security-related features of the Site;
- E. Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
- F. Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without California Contour Clinic’s express written permission;
- G. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
- H. Sell or otherwise transfer the access granted herein.
4. Third Party Content.
The Site may contain links to third party websites and services. California Contour Clinic provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that California Contour Clinic has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
5. Intellectual Property.
You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to California Contour Clinic through this Site. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to California Contour Clinic, except third-party trademarks or service marks, which are the property of their respective owners. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Services, except as allowed by these Terms of Services below, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Services. The postings of information or materials on the Services does not constitute a waiver of any right in such information and materials. Some of the content on the Services is the copyrighted work of third parties. California Contour Clinic’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of California Contour Clinic or its affiliates or licensors. You must not use such marks without the prior written permission of California Contour Clinic. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless California Contour Clinic from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. California Contour Clinic reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim
If you violate these Terms, your permission to use the Site will automatically terminate. In addition, California Contour Clinic in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting California Contour Clinic at firstname.lastname@example.org After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but California Contour Clinic may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.
8. Modification of the Terms.
California Contour Clinic reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
9. Disclaimers of Warranties.
The Site provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although California Contour Clinic seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. California Contour Clinic specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. California Contour Clinic does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.
10. Limitation of Liability.
In no event will California Contour Clinic be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not California Contour Clinic has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
11. Governing Law.
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Subject to Section 13, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and California Contour Clinic agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Orange County, California, for the purpose of litigating all such disputes.
12. Dispute Resolution by Binding Arbitration, Jury Waive and Class Action Waiver.
In the interest of resolving disputes between you and California Contour Clinic in the most expedient and cost effective manner, you and California Contour Clinic agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
- General. The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms of Service promptly by negotiation between individuals who have authority to settle the controversy. If good faith negotiations do not lead to an amicable resolution within thirty (30) business days of commencing negotiations, any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The tribunal will consist of one arbitrator. The arbitration will take place in the city and country where California Contour Clinic’s headquarters is located. If this location is not feasible, the arbitration shall occur in a location of California Contour Clinic’s choosing. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Waiver of Jury Trial. YOU AND CALIFORNIA CONTOUR CLINIC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and California Contour Clinic are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and California Contour Clinic over whether to vacate or enforce an arbitration award, YOU AND CALIFORNIA CONTOUR CLINIC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. YOU AND CALIFORNIA CONTOUR CLINIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor California Contour Clinic is entitled to arbitration, and all claims and disputes will be resolved pursuant to Section 20(e).
- Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 3 Corporate Plaza Drive, Suite 270, Newport Beach CA 92660 postmarked within thirty (30) calendar days of first accepting these Terms of Service. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms of Service’s arbitration provisions.
- Exclusive Venue. If you send the opt-out notice in Section 21(d), and/or in any circumstances where the foregoing arbitration agreement permits either you or California Contour Clinic to litigate any dispute arising out of or relating to the subject matter of these Terms of Service in court, then the foregoing arbitration agreement will not apply to either party, and both you and California Contour Clinic agree that any judicial proceeding will be brought in the state or federal courts located in California.
B. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
C. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
D. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
14. Notice to California Residents.
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.