These Terms of Service (“Terms”) govern your use of WellBiz Brands, Inc. and their Affiliates and subsidiaries (collectively, “us”, “we” “our” or “WBB“) websites. These Terms cover all WBB’ websites, mobile phone applications, and which include, but are not limited to, the website(s) at https://wellbizbrands.com/, and specifically includes any branded website(s) or applications that have been developed for any of our Affiliates (the “WB Sites”). For the purposes of this policy, the term “Affiliate” shall mean any entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with WBB. The Amazing Lash Studio®, Drybar®, Radiant Waxing®, Fitness Together®, and Elements Massage® franchise systems and GlowPass™ are collectively referred to as the “Affiliated Brands”. Please note that franchisees of the Amazing Lash Studio, Drybar, Radiant Waxing, Fitness Together, and Elements Massagefranchise systems (each a “Franchisee”) are each independent entities and their processing of information is subject to their own Terms of Use.
Our Privacy Policy [HYPERLINK] is hereby incorporated into these Terms. By accessing and using the WB Sites, you affirm that you understand and agree to these Terms (the last modified date is found at the end of these Terms).
1. Applicability of These Terms
These Terms apply to all who use or access the WB Sites (“Users”, “you” or “your”). Users can be individuals, businesses, or other organizations. If you are agreeing to these Terms on behalf of another, you represent and warrant that you have the authority to do so and that they are above the age of thirteen (13).
These Terms do not apply to third-party sites or applications or third-party services/providers to which we provide access through the WB Sites. We encourage you to review the terms and privacy policies of these sites and applications before you use them.
These Terms do not apply to services received at physical Franchisee locations. Franchisees may require you to enter into agreements with those independently owned and operated franchise locations or abide by additional terms of service or privacy policies applicable to the services provided at that physical location (“Franchisee Agreements”). WBB disclaims any and all liability arising out of or in connection with the Franchisee Agreements.
You must be eighteen (18) years of age to use the WB Sites. If you learn that your minor under thirteen (13) years of age has used the WB Sites without your consent, please e-mail us at privacy@wellbizbrands.com.
We may revise and update these Terms in our sole discretion, and will post any updates to the Terms on the WB Sites.
2. Access and Use of the WB Sites
Account Security: WBB employs reasonable commercial efforts to deploy and maintain reasonable administrative, physical, and technical safeguards to keep your data and other information confidential and secure. You may be required to create your own unique account prior to gaining access to the WB Sites. If so, you shall be responsible for appropriately securing their accounts, computers, and other electronic devices used to access the WB Sites and for protecting your passwords and other access rights to the WB Sites. You may not interfere with others’ legitimate access to and use of the WB Sites. WBB may monitor use of the WB Sites for security and technical support purposes and for validating compliance with these Terms. WBB may at any time remove access rights to the WB Sites or require you to change your passwords if WBB determines, in its sole discretion, that your use or access to the WB Sites poses an imminent threat to the WB Sites, to others’ use of the WB Sites, or of a violation of law. WBB will restore connectivity and functionality as soon as practicable after WBB identifies and neutralizes the threat and implements any measures to ensure the threat does not reoccur. You shall be responsible for ensuring that the information provided pursuant to your use of the WB Sites is accurate.
Mobile Services: WBB and its Affiliated Brands may send push notifications, SMS/text messages, or other electronic messages to your mobile device, including but not limited to, for marketing purposes. Your wireless service carrier’s charges, data rates, and other fees may apply. Under no circumstances will WBB be responsible for any internet service or wireless service carrier charges, fees, or expenses incurred by you. If you change or deactivate your mobile telephone number, you agree to promptly update your account information to stay notified.
Electronic Communications: By consenting to these Terms, you confirm that you can access electronic information and communications on the WB Sites or via email or mobile services and consent to receiving electronic information and communications, including but not limited to, for marketing purposes by WBB and its Affiliated Brands.You give WBB and its Affiliated Brands permission to email you information about upcoming appointments, marketing, purchases, shipments, returns, etc. As applicable, you agree to keep your profile email address up-to-date so WBB may communicate with you. You may change your communication preferences at any time in your account or opt-out of marketing or promotion communication by following opt-out procedures found in those communications.
WBB’s Rights with Respect to the WB Sites: You acknowledge that WBB may limit or control the use of the WB Sites in its discretion at any time and in any manner, including the setting or altering of data retention parameters. WBB may terminate accounts that it deems to be inactive. You agree that WBB, its directors, officers, employees, successors, and assigns will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the WB Sites, whether temporary or permanent.
Prohibited Conduct: WBB reserves the right to investigate and take appropriate action, including legal action, against anyone who, in WBB’ sole discretion, violates these Terms. WBB may also suspend or terminate the accounts of violators and report you to law enforcement authorities.
Special Notice for International Use; Export Controls: WBB operates in the United States (U.S.) and is not targeted to individuals who reside in the European Economic Area (EEA) or other countries outside of the U.S.
Content Submitted to the WB Sites: The opinions submitted to the WB Sites by you reflect solely the opinions of yourself and do not reflect the opinions of WBB. You acknowledge and agree that we have the right (but not the obligation) to monitor the WB Sites; to alter or remove any comments or other interactions with or on the WB Sites that WBB determines, in its sole discretion, are not appropriate; and to disclose such comments and interactions and the circumstances surrounding their transmission to any third party in order to operate the WB Sites properly; to protect ourselves, our sponsors, franchisees, or Users, and to comply with legal obligations or governmental requests. If you believe a message or posting violates these Terms, please contact WBB immediately at privacy@wellbizbrands.com so that we can consider its editing or removal.
3. Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the WB Sites. As a condition of your use of the WB Sites, you warrant that you will not use the WB Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the WB Sites in any manner which could damage, disable, overburden, or impair the WB Sites, or interfere with any other party’s use and enjoyment of the WB Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WB Sites.
All content included as part of the WB Sites, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the WB Sites, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the WB Sites. Our content is not for resale. Your use of the WB Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.
4. Termination
WBB, in its sole discretion, may suspend or terminate your account or use of any of the WB Sites at any time, without notice, for any reason. As applicable, you may terminate your account at any time. Upon termination: (a) your usage rights will terminate and you must immediately cease all use of the WB Sites; (b) you will no longer be authorized to access your account or the WB Sites; and (c) all obligations accrued prior to termination and with respect to WBB’ intellectual property, limited or absence of liability, indemnity rights, and rights regarding its ownership and control of the WB Sites will survive.
5. User Information Transmitted Through the WB Sites:
Except as otherwise provided in our Privacy Policy or under these Terms, you acknowledge and agree that any comments, suggestions, ideas, feedback or other information about the WB Sites, including any products sold on such WB Sites (as applicable) (“Submissions“), provided by you to WBB are non-confidential and WBB is entitled to the unrestricted use and dissemination of these Submissions, and any and all derivative works thereof, for any purpose, commercial or otherwise, without acknowledgment, accounting to, or compensation to you. If you choose to provide Submissions, you grant WBB an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Submissions and derivative works thereof in any manner and for any purpose, including to improve the WB Sites and to create other products and services that WBB sells or offers for sale.
6. Third Party Websites
WBB may provide, or third parties may provide, links or other access to other sites and resources on the WB Sites. WBB has no control over such sites and resources and WBB is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that WBB, its directors, officers, employees, successors, and assigns will 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 or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the WB Sites are between you and the third party, and you agree that WBB, its directors, officers, employees, successors, and assigns are not liable for any loss or claim that you may have against any such third party.
7. Indemnity and Release
To the fullest extent permitted by law, you are responsible for your use of the WB Sites. You release and agree to indemnify and hold WBB and its officers, directors, employees, consultants, successors, assigns, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to: (a) your unauthorized use or misuse of the WB Sites; (b) your violation of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any rights of a third party, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party.
8. Disclaimer of Warranties
USE OF ANY PORTION OF THE WB SITES IS AT YOUR OWN DISCRETION AND RISK. THE WB SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WBB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WB SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WB SITES, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
WBB MAKES NO WARRANTY THAT ANY PORTION OF THE WB SITES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE WB SITES (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (C) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WB SITES WILL BE ACCURATE OR RELIABLE, OR (D) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WB SITES WILL MEET YOUR EXPECTATIONS, AND WBB DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
WBB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUCCESSORS ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE WB SITES, INCLUDING BUT NOT LIMITED TO LOSS OF OR DAMAGE TO YOUR PROPERTY, SUCH AS YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA.
WBB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUCCESSORS ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY FRANCHISEE AGREEMENTS.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability
WBB AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS, OR CONTENT PROVIDERS, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WB SITES: (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR YOUR USE OR INABILITY TO USE OR RELIANCE ON THE WB SITES OR ANY CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE WB SITES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WB SITES.
UNLESS OTHERWISE PROHIBITED BY LAW, THE MAXIMUM LIABILITY OF WBB AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS OR CONTENT PROVIDERS TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION WILL NOT EXCEED $100.00. IN STATES WHERE THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE ARE NOT ALLOWED, WBB IS RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU.
WBB DOES NOT LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. THIS SECTION DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, WBB’S LIABILITY WILL OTHERWISE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Governing Law
These Terms shall be treated as though they were executed and performed in Colorado, and shall be governed by the laws of the State of Colorado and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the WB Sites or under these Terms, the Privacy Policy, and any legal notices on the WB Sites, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Denver, in the State of Colorado.
11. Construction and Assignment
Construction. In the event that these Terms conflict with any agreement between you and WBB, these Terms shall govern. In the event that these Terms conflict with any Franchise Agreements, such Franchise Agreements shall govern. The failure of WBB to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision or a waiver of any subsequent breach or default such provision. If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in that provision, and the other provisions of these Terms will remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. Throughout these Terms the use of the word “including” means “including but not limited to”.
Your Assignment Prohibited without Prior Written Consent. You may not assign these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of WBB. Any attempt to assign or transfer the Terms, without such consent, will be void. WBB may assign or transfer these Terms, in whole or in part, without restriction and without providing notice to or obtaining consent from you. The provisions of these Terms will inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns.
12. Notice for California Users
Under California Civil Code Section 1789.3, users of the WB Sites from California are entitled to the following specific consumer rights notice: You may contact us to resolve a complaint regarding the service or to receive further information regarding use of the service at WellBiz Brands, Inc., 1890 Wynkoop Street, Unit 1 Denver, CO 80202 or by emailing at privacy@wellbizbrands.com. If you choose, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210. Information about the Department’s consumer complaint process can be found on its website https://www.dca.ca.gov/consumers/complaints/consumer.shtml. California Civil Code Section 1798.83 permits California residents who use the WB Sites to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, or if you have any questions or concerns about your California privacy rights, our Privacy Policy or our use of your Personal Information, please contact us at the address or email provided below. Please include “Privacy” in the subject line of any email or postal letter. Additional information for California residents pertaining to their privacy rights can be found in the Privacy Policy.
13. Changes to Terms
These Terms may be updated from time to time. We reserve the right to modify these Terms at any time without notice, so please review these Terms frequently. When changes are made to these Terms, we will revise the “last updated” date at the bottom of these Terms. Your continued use of the WB Sites after we have posted any Terms changes indicates your agreement to the changes unless you notify us otherwise.
If you wish to retain a copy of these Terms, you should print a copy or save a copy for your records.
14. Contact Us
If you have any questions or comments about these Terms or if you wish to report a violation of these Terms, please e-mail us at privacy@wellbizbrands.com or send us a letter at:
WellBiz Brands, Inc.
1890 Wynkoop St. Unit 1
Denver, Colorado 80202
Last Modified: March 19, 2022