Welcome to the Fashionizer Spa Uniforms website at www.fashionizerspauniforms.com (the "Site"), that provides information concerning our products, allows visitors to the Site ("Users") to purchase our products online and contact us through the Site (collectively, the "Services"). The Site and Services are owned and operated by Fashionizer Spa Uniforms, LLC, referred to as "FSU", "we", "us", or "our".
Each time you use or access our Site and Services, you agree to be bound by these TOU. You may not access the Site, register an account, or participate in any of the Services unless you agree to the terms contained here. If you do not agree to - or cannot comply with - these TOU, then please do not use or access our site.
BY USING THE SITE, MATERIAL AND SERVICES, YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THE TERMS AND CONDITIONS OF THE TOU ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR COMPANY OR BUSINESS, IN WHICH CASE YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND YOUR COMPANY OR BUSINESS BY ALL THE TERMS AND CONDITIONS.
IN THE EVENT YOU CHOOSE NOT TO ACCEPT THE TOU OR BY TECHNICAL MEANS BYPASS OR DISABLE CLICKING THROUGH "I HAVE READ AND ACCEPT THE TOU", THEN BY ACCESSING OR OTHERWISE USING THE SITE, MATERIALS OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE THEN-CURRENT TOU.
Intellectual Property, Licenses, and Representations
Unless otherwise indicated, all photographs, images, text, and logos (collectively, "Materials") on our Site are owned or controlled by FSU, which retains ownership of all right, title, and interest in and to the Materials, including, without limitation, the copyrights, trademarks (e.g. Fashionizer), service marks and all intellectual property rights. You only receive a license to access our software and Materials, and retain no ownership rights.
The Services and the Materials are protected by copyright and trademark laws of both the United States and other countries, international conventions and other applicable laws. Materials that you access via our Site may be displayed, reformatted, and printed for your personal, non-commercial use only. In no event shall you use the Materials in any commercial or public manner, including, without limitation, any public exhibition, and you shall not download, reproduce, transmit, distribute or circulate the Services or the Materials or any portion thereof without the prior written permission of FSU.
This policy does not extend to any Materials provided by third parties with materials on our Site. Materials on our Site provided by third parties are used by us with permission, and those third parties retain ownership to all right, title and interest to their materials. Materials on our Site that are not the direct property of FSU can only be displayed or reproduced with the express consent of the copyright holder.
You further agree not to interrupt, or attempt to interrupt, the operation of the Services in any way, nor shall you take any actions that disable, damage or impair the Services' control or security systems, including, without limitation, by hacking, de-compiling, disassembling or reverse-engineering the Services or the Materials. Notwithstanding anything contained herein, you may download still images from the Services for personal, non-public use, provided that the images may not be edited or altered in any manner. You agree not to use the Materials in any manner that is inappropriate for children.
You may not reverse engineer, disassemble, decompile or attempt to reverse engineer or derive source code from, all or any portion of our Site or Services, or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. In no event will such reverse engineering be considered "Fair Use" under federal copyright law, and you hereby agree to waive any claims of "Fair Use" as a defense for any reverse engineering, including, without limitation, any claims that such reverse engineering is being done for "interoperability purposes" under the Digital Millennium Copyright Act. Any such attempt shall exceed the "authorized access" you have to the Site as that term is defined under 18 U.S.C. § 1030.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of FSU or its employees, licensors, independent contractors, providers, vendors, and affiliates (collectively, "Affiliates") without the prior written permission of FSU or its relevant Affiliate. The design, layout or look and feel of the Site are also protected by intellectual property rights and may not be copied or imitated in whole or in part. No mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by FSU.
Conduct and Misconduct
You may not use any of your own or third party software to modify the Site or to change any aspect of the Services. You may not use our intellectual property rights contained in the Materials or the Site to create or provide any other means through which the Materials may be accessed or the Services may be used others, whether for profit or not.
You may not take any action that imposes an unreasonable or disproportionately large load on our Services. You may not use your software or third party software to re-write or modify the user interface or otherwise manipulate data in any way.
Although FSU does not generally monitor User activity occurring in connection with the Site, Services or Materials, if FSU becomes aware of any possible violations by you of any provision of these TOU, FSU reserves the right to investigate such violations, and FSU may, at its sole discretion, immediately terminate your license to use the Site, Services, or Materials or change, alter or remove content posted or submitted by you, in whole or in part, without prior notice to you. If, as a result of such investigation, FSU believes that criminal activity has occurred, FSU reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable law, FSU is entitled to disclose any information or Materials, including content submitted or posted by you (or elements thereof), in FSU's possession in connection with your use of the Site, Materials and/or Services to (i) comply with applicable law, legal process or governmental request; (ii) enforce these TOU; (iii) respond to any claims that content submitted or posted by you violates these TOU or rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of FSU, its Users or the public, and law enforcement or other government officials, as FSU, in its sole discretion, believes to be necessary or appropriate.
By submitting comments, ideas, or suggestions, ("Feedback") to FSU through the Site or via e-mail, you acknowledge and agree that (i) your Feedback does not contain any confidential or proprietary information of you or of third parties; (ii) FSU is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) FSU, in its sole discretion, shall be entitled to use and disclose such Feedback for any purpose, in any way, in any media worldwide; (iv) FSU may have something similar to the Feedback already under consideration or in development; (v) the Feedback automatically becomes FSU's property without any obligation to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from FSU for the Feedback under any circumstances.
Notification of Copyright Infringement and the DMCA "Safe Harbor"
FSU respects the intellectual property rights of others and expects its Users to do the same. FSU will respond to notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating access of repeat infringers, and/or making good-faith attempts to contact the User who posted the content at issue so that he/she may, where appropriate, make a counter-notification.
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the Site, on sites linked to or from this Site, or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) of claimed copyright infringement to FSU's Copyright Agent (contact information below), which must contain all of the following elements:
i. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
ii. A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and that you request be removed or access to which be disabled;
iii. A description of where the content that you claim is infringing is located on the Site;
iv. Information sufficient to permit FSU to contact you, such as your physical address, telephone number and e-mail address;
v. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
vi. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the "fair use" doctrine, as you could be liable for costs and attorneys' fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney before you file your notice or consult publicly available reference materials such as those found at www.chillingeffects.org.
If you believe access to your content was disabled or removed by FSU as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) to FSU's Copyright Agent (contact information below), which must contain all of the following elements:
i. A physical or electronic signature of the subscriber;
ii. Identification of the material that was removed from the Site and the location of the Site on which the material appeared before it was removed;
iii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
iv. Information sufficient to permit FSU to contact you, such as your physical address, telephone number and e-mail address; and
v. A statement that you consent to jurisdiction of the federal district court for the district where you reside (or of San Mateo, California if you reside outside of the United States) and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.
Before you file such a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys' fees in the event that a court determines your counter-notification misrepresented that the material was removed by mistake. If you are unsure whether use of the material at issue constitutes infringement, please contact an attorney or consult publicly available reference materials such as those found at www.chillingeffects.org.
FSU's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Fashionizer Spa Uniforms, LLC
12717 West Sunrise Blvd Suite # 272
Sunrise, Florida 33323
By e-mail: firstname.lastname@example.org
By telephone: 954.851.1354
The Copyright Agent will not remove content from the Site in response to phone or e-mail notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or regular mail only and as further described in this section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Site or on sites linked to or from the Site, or in connection with the Services or Materials. All other inquiries directed to the Copyright Agent will not be responded to.
Third Party Audio/Visual Materials, Promotional Material and Advertising
We may embed on our Site audio/visual content, promotional material, and advertisements for third party products and services. You acknowledge and agree that you may be able to view such content, promotional materials and advertising embedded within the Site.
This Site includes links to other Internet sites. FSU may not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, FSU makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user's own risk. You are responsible for reviewing applicable terms and policies for any third party site that you may visit.
Disclaimers and Liability
We cannot guarantee and we do not promise any specific results from the use of our Site and Services.
FASHIONIZER CANNOT AND DOES NOT WARRANT THAT THE OPERATION OF THE SITE OR SERVICES OR YOUR ACCESS TO THE SITE, MATERIALS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FASHIONIZER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PRODUCED OR DISPLAYED IN CONNECTION WITH THE SERVICES. FASHIONIZER MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION PROVIDED HEREUNDER, OR AGAINST INFRINGEMENT. NO WARRANTY, REPRESENTATION, COVENANT, EXPRESS OR IMPLIED, WRITTEN OR VERBAL, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, AVAILABILITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICES IS GIVEN OR ASSUMED BY FASHIONIZER; ALL SUCH WARRANTIES, REPRESENTATIONS, COVENANTS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
EXCEPT FOR EXPRESS WARRANTIES STATED IN THESE TOU, IF ANY, THE SITE, MATERIALS AND SERVICES ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO COMPATIBILITY WITH YOUR COMPUTER SYSTEMS, SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND EFFORT IS WITH THE USER.
We will make reasonable commercial efforts to keep Services downtime to a minimum, but we can't promise that the Services or any data stored or transmitted in connection with the Services will be uninterrupted, secure or error-free or will achieve particular results. We reserve the right to suspend operation of some or all aspects of the Services at any time without notice for repairs, maintenance, improvements or for any other reason.
The Site, the Services, and all Materials are provided on "as-is" basis. Our Site may be incomplete, or otherwise contain bugs, defects and errors. We make no promise that the Services will operate either fully or in part on any specific computer, with any specific software, or that it is free from viruses or anything else that may have a harmful effect on any technology. We are not responsible or liable for any damage, whether temporary or permanent, occurring to either equipment or software that might occur while using the Site, Materials or Services.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL FASHIONIZER BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
(i) ANY DAMAGES OF ANY TYPE CAUSED TO ANY COMPUTER SYSTEM OR OTHER PERSONAL PROPERTY, OR FOR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, RESULTING FROM ACCESS TO, OR USE OF, THE SITE, MATERIALS OR SERVICES;
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, RELIANCE, OR OTHER DAMAGES OR PENALTIES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOSS OF PROFITS, OR LOST SAVINGS, INCOME, REVENUE, DATA OR USE, WHETHER IN AN ACTION IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE, ARISING OUT OF THESE TOU OR YOUR USE, MISUSE OF OR ACCESS TO THE SITE, MATERIALS OR SERVICES, OR THE EXCHANGE OF INFORMATION WITH THE SITE OR SERVICES, EVEN IF FSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ANY AND ALL RISK ASSOCIATED WITH THE ACCESS AND USE OF, OR EXCHANGE OF INFORMATION OR DATA WITH, THE SITE, MATERIALS OR SERVICES.
You hereby agree to indemnify, defend, and hold harmless each of the following (collectively, the "Indemnified Parties"): FSU, our licensors, licensees, distributors, agents, representatives, attorneys and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, members, managers, stockholders, owners, employees, agents, representatives and assigns, from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these TOU or claims arising from your use or misuse of the Site, the Materials and/or the Services. You shall use your best efforts to cooperate with us in the defense of any claim. FSU shall have the right to retain counsel of its choice to defend any action or suit subject to your indemnification obligations hereunder, at your expense.
You represent and warrant that your use of the Site, Materials and/or Services is and will be in compliance with all applicable laws and regulations and with the terms and conditions of these TOU, and that all information provided to FSU or its designee by you in connection with your access to and use of the Site, Materials and Services is true, correct and accurate.
These TOU shall apply from the date that you accept these TOU or you otherwise access the Site, Materials or Services and shall continue until the date that you cease to visit the Site.
If you materially breach these TOU, make any unauthorized use of the Site, Materials or Services, or infringe the intellectual property rights of FSU or any third party, or if we are unable to verify or authenticate any information you provide to us, or we become aware of any activity that is - in our sole discretion - inappropriate and/or in violation of these TOU, then FSU may cancel all rights granted to you under these TOU and prohibit access by you to the Site, Materials and Services. Such termination shall be effective upon notice delivered via electronic mail or any other means reasonably calculated to reach you. Termination by FSU shall be without prejudice to or waiver of any and all other rights or remedies that FSU may have, all of which are expressly reserved, shall survive termination, and shall be cumulative.
Upon reasonable prior notice, FSU may terminate these TOU, end or prevent access to the Site, Materials or Services, in whole or in part, for any reason, in its sole discretion.
Governing Law; Jurisdiction and Venue
These TOU shall be governed by and construed in accordance with the laws of the State of Florida without reference to its conflicts of law rules.
You agree that any action at law or in equity (other than one in which preliminary or interim injunctive relief is sought) arising out of or relating to these TOU shall be settled by arbitration to be held in Broward County, Florida, administered by the American Arbitration Association (the "AAA") in accordance with its Commercial Arbitration Rules, except as provided herein, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereover. However, nothing herein shall in any way limit your or our statutory rights and/or remedies, all of which are reserved and may be alleged in the arbitration process. At the conclusion of the arbitration, such arbitrator shall render a "reasoned" written decision, including the arbitrator's findings and the facts and law upon which the award is based. Consistent with the expedited nature of arbitration, you and we will, upon the written request of the other, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim. Both you and we shall have the right to serve subpoenas upon third parties for the production of documents. Both you and we shall have the right to take depositions of parties and non-parties. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, which determination shall be conclusive. You and we shall each bear your and our own costs and expenses of arbitration. All forum fees and expenses, including the arbitrators' fees, shall be shared equally by you and us, and shall not be assessed against either you or us as part of an award.
In the event, and solely in such event, that arbitration of a dispute hereunder is prohibited by law, you agree that the action shall be filed, and that venue properly lies, exclusively in state court located in Broward County, Florida or in the United States District Court for the Southern District of Florida, and you hereby consent and submit to the personal jurisdiction of such courts. You agree to waive the defense of an inconvenient forum with respect thereto.
You agree that any action in which temporary or permanent injunctive relief is sought shall be brought exclusively in either state court in Broward County, Florida, or in the United States District Court for the Southern District of Florida, and you hereby consent and submit to the personal jurisdiction of such courts. You agree to waive the defense of an inconvenient forum with respect thereto.
YOU HEREBY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT, WHETHER A DISPUTE IS RESOLVED BY ARBITRATION OR BY RECOURSE TO A COURT AS SPECIFIED ABOVE, YOU WAIVE THE RIGHT TO HAVE THE DISPUTE HEARD OR DECIDED BY A JURY.
You acknowledge and agree that any breach or threatened breach by you of this TOU may result in immediate and irreparable damage to FSU or its licensors or designees for which there is no adequate remedy at law, and in such event FSU, its designee or its licensors, as applicable, shall be entitled to appropriate equitable relief, including, without limitation, injunctive relief, without the necessity of posting bond or other security.
The terms and conditions of these TOU may be amended or modified from time to time. Please review them each time you visit the Site and/or use the Services. Your continued use of the Site and/or the Services will act as an affirmation of the revised TOU.
FSU has the right to modify, suspend or discontinue the Services or any portion of the Services at any time, including the availability of any area of the Services,. FSU may also impose limits on certain features and services or restrict your access to parts or all of the Services without any notice or liability to you.
If you have any questions, complaints, or comments regarding these TOU, or have other questions or suggestions about our Site, please contact us via e-mail at email@example.com.