Terms of use
TERMS OF USE
INFORMATION ON THIS WEBSITE
The information provided on this website is offered “as is” without any warranty, either express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you.
The content on this website is for informational purposes only and should not be used for medical advice, diagnosis, or treatment. Any testimonials on this site are not meant to represent or guarantee that any individual will achieve the same or similar results. The results described in testimonials may not be typical and individual results may vary.
ACCURACY OF INFORMATION
Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Serene Medical Spa LLC may also make improvements and/or changes to the products and/or programs described on this website at any time without notice.
FEEDBACK
Any comments or materials sent to Serene Medical Spa LLC, including feedback data such as questions, comments, suggestions, or similar regarding the content of any such documents (collectively “Feedback”), shall be deemed non-confidential. Serene Medical Spa LLC has no obligation regarding such Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, Serene Medical Spa LLC is free to use any ideas, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such Feedback.
CROSS REFERENCES
Information published on the internet by Serene Medical Spa LLC may contain references or cross references to Serene Medical Spa LLC products, programs, and services that are not announced or available in your country. Such references do not imply that Serene Medical Spa LLC intends to announce such products, programs, or services in your country. Consult your local Serene Medical Spa LLC business contact for information regarding the products, programs, and services available to you.
THIRD-PARTY WEBSITES
Serene Medical Spa LLC makes no representations about any other website you may access through this one. When you access a non-Serene Medical Spa LLC website, please understand that it is independent from Serene Medical Spa LLC, and Serene Medical Spa LLC has no control over the content on that website. A link to a non-Serene Medical Spa LLC website does not mean that Serene Medical Spa LLC endorses or accepts any responsibility for the content or use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, trojan horses, and other items of a destructive nature.
COPYRIGHT AND INTELLECTUAL PROPERTY
This site is designed and maintained by Serene Medical Spa LLC. All content included in this website, including but not limited to text, design, graphics, and audio clips (the “Content”), are subject to the copyright and other intellectual property rights of Serene Medical Spa LLC. Content may not be reproduced, copied, downloaded, distributed, reused, or modified without prior written permission from Serene Medical Spa LLC.
GOVERNING LAW AND JURISDICTION
All listings, advertisements, other information, and all rights and remedies arising therefrom, or from the use of this website or any portion thereof, are governed exclusively by the laws of West Virgnia, without regard to conflict of laws principles. Your use of this website indicates your acceptance of these laws. The user agrees and submits to the exclusive personal jurisdiction and venue of the courts located in Cabell County, West Virginia.
LIMITATION OF LIABILITY
IN NO EVENT WILL SERENE MEDICAL SPA LLC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISPUTE RESOLUTION
Arbitration
In the interest of resolving disputes between you and Serene Medical Spa LLC in the most expedient and cost-effective manner, you and Serene Medical Spa LLC agree that any dispute arising out of or related to these terms or your use of the Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or related to these terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms. YOU UNDERSTAND AND AGREE THAT, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, BY ENTERING INTO THESE TERMS, YOU AND SERENE MEDICAL SPA LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION.
Exceptions
Despite the arbitration agreement, nothing in these terms will be deemed to waive, preclude, or limit the right of either party to (1) bring an individual action in small claims court; (2) bring an action pursuant to the West Virgnia; (3) seek injunctive relief in a court of law; or (4) file a suit in a court of law to address an intellectual property infringement claim.
Arbitrator
Any arbitration between you and Serene Medical Spa LLC will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Serene Medical Spa LLC. The arbitrator has exclusive authority to resolve any dispute regarding the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice and Process
A party intending to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail within the applicable statute of limitations period (“Notice”). Serene Medical Spa LLC’s address for Notice is: info@serenemedspas.com. The Notice must describe the nature and basis of the claim or dispute and the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if no agreement is reached within 30 days after the Notice is received, you or Serene Medical Spa LLC may commence an arbitration proceeding. During arbitration, the amount of any settlement offer made by you or Serene Medical Spa LLC must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is resolved in your favor, Serene Medical Spa LLC will pay you the highest of the following: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by Serene Medical Spa LLC in settlement of the dispute prior to the arbitrator’s award; or (c) $1,000.00.
No Class Actions
UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, YOU AND SERENE MEDICAL SPA LLC 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 PROCEEDING. Further, unless both you and Serene Medical Spa LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding.
Modifications to Arbitration Provisions
If Serene Medical Spa LLC makes any future change to this arbitration provision, other than a change to Serene Medical Spa LLC’s address for Notice, you may reject the change by sending written notice within 30 days of the change to Serene Medical Spa LLC’s address for Notice. If you reject the change, this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Serene Medical Spa LLC. If you do not send such written notice, your continued use of the Service following any such change means that you have consented to the change.
Enforceability
If this section is found to be unenforceable or if the entirety of the dispute resolution terms are found to be unenforceable, then the entirety of such provision will be null and void, and in that case, the parties agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these terms or your use of the Service.
Opt Out
Arbitration is not mandatory. If you do not want to be subject to this Dispute Resolution provision, you may opt out by notifying Serene Medical Spa LLC in writing within 30 days of receiving these terms. Send an email to info@serenemedspas.com, stating your full name and intent to opt out of the Dispute Resolution provision. If you do not opt out within the 30-day period, you and Serene Medical Spa LLC will be bound by this Dispute Resolution provision.
Protected Activity Not Prohibited
Nothing in these terms will limit or prohibit you from filing a charge or complaint with, or communicating or cooperating with, any federal, state, or local government agency or commission (“Government Agencies”). You are permitted to disclose documents or information as permitted by law to Government Agencies without giving notice to or receiving authorization from Serene Medical Spa LLC.
GOVERNING LAW AND WAIVER OF TRIAL BY JURY
The laws of the State of West Virginia, excluding its conflicts of law rules, govern these terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; however, the United Nations Convention on Contracts for the International Sale of Goods does not apply. Any action relating to any dispute under these terms that is permitted to be brought in a court of law will be subject to the exclusive jurisdiction of the state and federal courts located in Cabell County, West Virginia, and you irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum.
EXCEPT WHERE PROHIBITED BY LAW, THE PARTIES EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS.
NOTICES
All notices, requests, or consents required or permitted under these terms will be in writing (including electronic form) and will be delivered to the designated address. Notices will be effective: (1) if delivered by hand, when delivered; (2) if delivered by nationally recognized overnight courier service or sent by United States Express Mail, upon confirmation of delivery; (3) if delivered by certified or registered mail, on the third day after deposit with the United States Postal Service; or (4) if delivered by email, upon confirmation of successful transmission.
SEVERABILITY
The provisions of these terms are severable. The invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision. If one or more provisions are declared invalid or unenforceable, the remaining provisions will remain in full force and effect and will be construed to effectuate the purposes of these terms.