These Terms of Use (the “Terms”), constitute a legally binding agreement between you and Empower Aesthetics and its affiliated entities (referred to as the “Company”, “we”, “our” or “us”) governing your use of our services through the Platform (as defined below), the Company’s website (https://empower.spa or the “Site”), or other mobile applications (collectively, the “Services”). The platform services provided by Company, the Site and mobile applications together are hereinafter collectively referred to as the “Platform”.

 

Your use of the Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms, and any policies, or rules now in force or enacted in the future, and any amendments and additions to these Terms as we may publish from time to time, as well as your compliance with all applicable laws.

 

All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.

 

These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. We may update or change these Terms, from time to time, and recommend that you review these Terms on a regular basis. 

 

Access to the Site

Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.

 

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  All copyright and other proprietary notices on the Site must be retained on all copies thereof.

 

Company reserves the right to change, suspend, or cease the Site with or without notice to you.  You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

 

Age. You must be 18 years of age or older to use the Platform or Services. By using the Platform and requesting a Services you represent and warrant that you are at least 18 years of age.

 

Other Users

 

Other Users. Each Site user is solely responsible for any and all of its own user content.  Because we do not control user content, you acknowledge and agree that we are not responsible for any user content, whether provided by you or by others.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site user, we are under no obligation to become involved.

 

You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.

 

Mobile Message Service Terms

The Company mobile message service (the "Mobile Message Service") is operated by the Company. Your use of the Mobile Message Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Message Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

 

Disclaimers

The Site is provided on an “as-is” and “as available” basis, and Company expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  We make not guarantee that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. 

 

Term and Termination

Subject to this section, these Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.  Upon termination of your rights under these Terms, your account and right to access and use the Site will terminate immediately.  You understand that any termination of your account may involve deletion of your user content associated with your account from our live databases.  Company will not have any liability whatsoever to you for any termination of your rights under these Terms. 

 

General

Entire Agreement

These Terms constitutes the entire agreement between the you and the Company, governs your use of the Platform and Services, and completely replaces any prior agreements between you and the Company in relation to the Platform or Services.

 

Waiver

No waiver (whether by act, omission, or otherwise) by any party of any provision of Terms shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

 

Survival

Any provisions of these Terms that by their nature should survive the expiration or termination of these Terms shall so survive, regardless of the cause of expiration or termination.

 

Severability

If any provision of these Terms is invalid, void, illegal, or incapable of being enforced, such provision shall be excluded to the extent of such invalidity or unenforceability, and, to the extent permitted and possible, each provision so excluded shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. All other provisions of these Terms shall remain in full force and effect.

 

Applicable Law

These Terms and all matters arising out of in connection with these Terms shall be governed by and interpreted according to the laws of the State of[M1]  Texas, without regard to the conflict of law provisions thereof to the extent such principles or rules would require or permit the application.

 

Electronic Communications

The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

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Our Commitment to Accessibility
At Empower Aesthetics, we are dedicated to making our website's content accessible and user-friendly to everyone. If you are having difficulty viewing or navigating content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call us at (346) 712-7856 with a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we continue to evaluate ways to accommodate all our customers and our overall accessibility policies. While we do not control such vendors, we encourage vendors of third-party digital content to provide content that is accessible and user-friendly.

 

Contact Us

If you have questions about the privacy aspects of our Services, please contact us by email at info@empower.spa. You may also contact us at the following address:

7600 Burnet Rd

Suite 350

Austin, TX 78757