Last Revised: 6/28/2018
ACCEPTANCE OF TERMS
Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of Company. For information on requesting such permission, please contact us at AshAndSteph@BeautyMarkNB.com
Further, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this section, the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
LIMITATIONS ON USE
You must be at least eighteen (18) years old to access this web site. If you are not at least eighteen years old, you are not permitted to access this web site for any reason.
If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
After completion of the registration data and creation of your username, you will receive a random password—which you can later change—and account designation. It shall be your responsibility to maintain the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Company immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Company shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
USE LICENSE OF DIGITAL DOWNLOADS
Permission is granted to temporarily download one copy of information, tools and resources on BeautyMark Skincare & Bodywork website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on this website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Upon registration, you hereby acknowledge that by using Company to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you that you send through our network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
Company strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Company shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Company are provided as resources to customers looking for additional information and/or professional opinion. Company does not assume responsibility for the claims and/or representations made on these or any other websites.
By making a purchase on this website, and submitting your order, you are agreeing to pay the listed price in full. You authorize BeautyMark Skincare & Bodywork to charge your credit or debit card, or cash your check, as payment for your product or service. Furthermore, you agree that you are responsible for full payment of fees for your order, regardless of whether you actually use the product or all of the service hours purchased on retainer.
THIRD PARTY REFERENCES / HYPERLINKS
This web site may link you to other sites on the internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Company, and you acknowledge that Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.
INFORMATION YOU SUBMIT
You hereby warrant that any information you submit to Company through this web site (via comments, forums, forms, groups, membership area, etc.) is owned by you and that you have the necessary authority to submit such information. You hereby grant Company a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to Company.
Company retains the right to display the artwork created for client in marketing materials to showcase their work and expertise. Company also retains the right to share case studies of strategies implemented for client. Company may use items in marketing materials, including but not limited to: website portfolios, videos, presentations, brochures, photographs, social media image galleries, articles, blogs, social media platforms, etc. Client may request in writing to retain privacy and anonymity if they choose.
You further agree that you shall not submit or transmit any content through this web site or to Company that is:
- Obscene, vulgar, or pornographic;
- Encourages the commission of a crime or violation of a law;
- Violates any state or federal law in the U.S. and/or the jurisdiction in which you reside;
- Infringes the intellectual rights of a third party;
- Is otherwise offensive or inappropriate based upon the type of content and information provided by Company and/or third parties on this web site;
- Harass, stalk or otherwise abuse another user;
- Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
- Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
- Transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
- causing harm to minors in any manner whatsoever;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
- interfering with or disrupting any Company Services, servers and/or networks that may be connected or related to our website, including but not limited to the use of any device software and/or routine to bypass the robot exclusion headers;
- providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
Company reserves the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in Company’s sole discretion, without liability or warning to you.
Company reserves the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold Company harmless from any consequences or actions taken by Company in cooperation with such law enforcement investigation or court order.
User Public Forum Submission/Participation Policy and Terms
As a service to our users, this Site may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities, Facebook Closed Group, and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. Company has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
Your Participation/Contribution Requires Consideration: Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the Company specifically notes otherwise (for example, in the rules for a particular forum).
Confidential Obligations: You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with Company that requires you to maintain the confidentiality of certain material or information of Company. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which Company has required you to preserve as confidential.
Grant of Rights: To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of Company or other information you are required to preserve as confidential by Company, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted Company, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that Company may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
No Obligation to Monitor: Company does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Company’s sole discretion.
No Obligation to Remove: Company is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that Company shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with Company with differing terms or Company has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.
No Endorsement: Company does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
If you need to contact us, you can email us at AshAndSteph@BeautyMarkNB.com, call us at 830-243-4138, or send us a letter to 161 W Jahn, New Braunfels, Texas 78130.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
EARNINGS & INCOME DISCLAIMER:
The products and services sold on this web site are not to be interpreted as a promise or guarantee of earnings.
Where we are the owner, distributor and publisher of audio CDs and/or software, and/or transcripts, and/or reports and/or ebooks and/or other training products and/or the accompanying materials or software/tools and resources described on this site and/or any services provided by BeautyMark Skincare & Bodywork (collectively the “Materials”), WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF THE CONTENTS OF THESE MATERIALS AND/OR WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF ANY SERVICES PROVIDED.
The information contained in these Materials and Services are strictly for educational or informational purposes. Therefore, if you wish to apply ideas contained in these Materials, you are taking full responsibility for your actions and are assuming all risks associated with same.
Your level of success in attaining the results from using our products and information depends on the time you devote to the program, ideas and techniques used, your finances, knowledge and various skills.
Since these factors differ among each individual, we cannot guarantee your success or income level, nor are we responsible for any of your actions.
Any and all forward-looking statements on this web site or in any of our products are intended to express our opinion of the earnings potential that some people may achieve. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR MATERIALS ARE INTENDED TO EXPRESS OUR OPINION OF SAVINGS OR EARNINGS POTENTIAL.
But many factors will be important in determining your actual results, and we make no guarantees that you will achieve results similar to ours or anyone else’s. In fact, we make no guarantees that you will achieve any results from the ideas and techniques contained on our web site or in our products.
TESTIMONIALS: Any income statements, case studies, testimonials, and examples on this website are exceptional results, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her desire, dedication, marketing background, market place, product, service, effort and motivation to work and follow programs and advice. There is no guarantee you will duplicate the results stated here. You recognize any business endeavor has inherent risk for loss of capital. ANY CLAIMS MADE OF ACTUAL SAVINGS OR EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST.
In fact, as with any product or service, we know that some people will purchase our products but never use them at all, and therefore will get no results whatsoever. You should therefore assume that you will obtain no results with this program.
We may provide links to web pages which are not part of our web family. These sites are not under our control and we are not responsible for the information or links you may find there.
YOU FULLY AGREE AND UNDERSTAND THAT BeautyMark Skincare & Bodywork IS NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT OUR PRODUCTS OR SERVICES WILL PRODUCE ANY PARTICULAR RESULT FOR YOU.
NOTICE OF REFERRAL FEES & COMMISSIONS: The person or company who referred you to BeautyMark Skincare & Bodywork, and specifically to this site may be receiving a commission payment for their referrals. (Usually a percentage of fees collected from clients referred). You should not rely exclusively on this person’s referral in determining whether to do business with BeautyMark Skincare & Bodywork, and by agreeing to these Terms & Conditions, you represent that you will do (or have done) due diligence in evaluating BeautyMark Skincare & Bodywork separate and apart from the recommendation you received that resulted in your visiting and/or making payment on this site.
WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL IN NO EVENT BE HELD LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS MATERIAL OR WEBSITE OR ANY OF OUR SERVICES, WHICH ARE PROVIDED “AS IS”, AND WITHOUT WARRANTIES. OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE MATERIALS OR USE OF THIS SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
SEVERABILITY AND INTEGRATION