Terms of Use Agreement
Before proceeding, please thoroughly read our Terms of Use Agreement (“Agreement”) below.
By clicking "Complete and Continue" at the end of this lesson, you acknowledge, understand, and agree to the following:
Aesthetics Health courses (“Course” or “Courses”) provide training and information in connection with aesthetic procedures (“Procedures”) to a wide range of individuals who utilize the Courses (“Student” or “Students”). Students include but are not limited to, physicians, nurses, estheticians, medical aestheticians, bodyworkers, cosmetologists, healthcare practitioners, and tattoo artists. The Courses are open to the general public. Aesthetics Health does not pre-screen Students as on any particular Student’s background, expertise, and licensing. The Procedures may be used by a wide range of providers depending upon the providers’ licensing and level of knowledge. Aesthetics Health makes clear to the Students, and the Students understand that the Courses do not provide advice as to what Procedures Students may lawfully engage in performing. Aesthetics Health makes no representations nor advises its Students as to the licensing, if any, that is required to engage in the performance of the Procedures.
Therefore, and based upon the preceding. Students must research and acquaint themselves with the laws applicable to the legality of the Students’ performance of the Procedures. It is up to each student to make sure that before that Student performs any procedure, the Student is compliant with all state and federal laws, rules, and regulations including but not limited to FDA regulations that govern that Student’s legal ability to perform a Procedure.
Aesthetics Health makes no representations and/or warranties in connection with the Courses. The Courses are not a substitute for medical advice, diagnosis, or treatment. Reliance on the information in the Courses for procedural purposes is to be used at your own risk. Contact a medical professional before treatment if you have questions or concerns. Aesthetics Health is not responsible nor liable for risks involved with this procedure. Students assume the risk of and liability for any procedures performed by them.
Aesthetics Health is not responsible or liable for legal encounters regarding licensing, regulations, or other legal aspects about procedural operation.
Students release Aesthetics Health of all liability regarding the use of the Course and associated training material and/or any products or devices manufactured or sold by any other company.
Aesthetics Health grants Students who purchase a course a non-exclusive, non-transferable, revocable access and use of Aesthetics Health’s copyrighted course and any associated materials solely for their own personal and non-commercial, non-duplicatable use (unless stated otherwise e.g., downloadable intake forms). The courses are protected under copyright law. The copying, redistribution, use, or publication by you of any of the content within our course is strictly prohibited (again unless stated otherwise). A Student’s purchase of a Course does not grant the Student any ownership rights to our course. Any breach in the terms of this Agreement may result in the termination of your access to the course materials and can be subject to a fine of up to $500,000.
Aesthetics Health is not responsible for purchases made without prior knowledge resulting in attempted returns or exchanges. As stated in our Refund Policy and Terms of Use Agreement "ALL SALES ARE FINAL" for all purchases made from Aesthetics Health under all circumstances.
All customers and students release Aesthetics Health of all liability regarding the use of our training material and/or any products or devices manufactured or sold by any other company.
Aesthetics Health respects the intellectual property rights of others and Aesthetics Health asks that you do the same. Except for any third-party content used as part of the Aesthetics Health site, training, and materials, please understand that the data and materials on the Aesthetics Health site, including without limitation text, software, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Aesthetics Health site, are the intellectual property of Aesthetics Health. Aesthetics Health content is protected by copyright, trademark, and other intellectual property laws and all ownership rights remain with us. Aesthetics Health reserves all rights in and to Aesthetics Health content. Aesthetics Health content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast, or circulated, or otherwise used without the express written permission of Aesthetics Health. Aesthetics Health reserves the right to take any legal or technical remedies to prevent the violation of the Aesthetics Health terms and to protect the Aesthetics Health services, users, and the rights and property of Aesthetics Health and its affiliates. If you violate these Terms, your permission to use the Aesthetics Health services automatically terminates, and you must immediately destroy any copies you have made of the Aesthetics Health content. Any actions on your behalf to contrary could result in litigation.
If you wish to request permission to use any Aesthetics Health content in a manner otherwise prohibited under these Terms, please contact us using the information provided below.
Our courses may contain references or links to materials from third parties. Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
All enrollees will be given 6 months access. When you complete the purchase process, you will be asked to register with the use of an email and password, which allows you one seat in the online training for your personal use only. You agree to maintain the confidentiality of your account username, login information, and password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality You agree to immediately notify us of any authorized use of your password or any other breach of security.
The content provided in our courses is provided “as is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Our website and content may contain bugs, errors, problems, or other limitations. Aesthetics Health, including all our affiliates, has no liability whatsoever for your use of our website or content. Aesthetics Health cannot guarantee and does not promise any specific results from the use of our website or content. Aesthetics Health does not represent or warrant that our content or our services found within are accurate, complete, reliable, current, or error-free or that any such items are free of viruses or other harmful components. Therefore, you should exercise caution in using and downloading any such content and use industry-recognized software to detect and remove viruses. All responsibility or liability for any damages caused by viruses somehow attributed to our content and services is disclaimed. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content through our website or services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
In no event will Aesthetics Health or its, employees, contractors, vendors, affiliates, or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use or misuse of videos whether such damages arise in contract, tort, negligence, equity, statute or by way of any other legal theory regardless of whether such damages could have been foreseen. Notwithstanding anything to the contrary contained herein, Aesthetics Health’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the video(s) we provide prior to the event giving rise to liability.
This Agreement applies to all online training courses provided by Aesthetics Health.
To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Copyright/Trademark Information. Copyright © 2024 AESTHETICS HEALTH. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of a third party that may own the Mark.
DISPUTE RESOLUTION AND ARBITRATION
This Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of VIRGINIA without giving effect to the principles of conflict of laws. Any claims, controversies, and/or causes of action (“Claim” or “Claims”) by any Student with respect to or arising from Aesthetics Health’s website(s), content, this Agreement, Courses, and/or products must be instituted within one (1) year after the Claim arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, the remaining portions shall remain in full force and effect.
Any Claims shall be settled and resolved by arbitration administered by the American Arbitration Association (“AAA”) by its applicable arbitration rules, and judgment on any award or declaratory relief rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The Claims shall include any: (a) claims by Aesthetics Health against its Students; and (b) claims by Aesthetics Health’s Students against Aesthetics Health including claims against Aesthetics Health's officers, directors, managers, members, related entities, and constituent entities. This arbitration clause is meant to be interpreted and construed broadly.
Neither the Students nor Aesthetics Health shall be entitled to join or consolidate any claims whatsoever, including but not limited to claims in arbitration, by or against each other, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Any arbitration between Aesthetics Health and the Students may not be arbitrated on a collective or class-wide basis.
If any portion of this arbitration clause is found to be unenforceable, then this arbitration clause shall remain in full force and effect.
This Agreement will be interpreted under and according to the laws of the State of Virginia. The party initiating the arbitration shall pay all applicable arbitration fees and costs. Within 15 days of initiating the arbitration and payment of all fees and costs by the initiating party, the respondent (i.e., non-initiating party) shall reimburse the initiating party 50% of the fees and costs. Thereafter, all fees and costs of arbitration (i.e., fees and costs payable to the AAA) shall be split equally between the parties. Any other fees and costs of arbitration, such as attorneys’ fees, and witness fees, shall be borne by each party. There shall be one arbitrator and the arbitration shall proceed under the rules of the American Arbitration Association. The award of the arbitrator may grant any relief which may be granted by a court of general jurisdiction, including, without limitation, an award of damages and/or injunctive relief, and may, at the discretion of the arbitrators, assess, in addition, the costs of arbitration, including the reasonable fees of the arbitrator(s) against either or both parties, in such proportions as the arbitrator(s) shall determine as just and reasonable. Aesthetics Health and the Students also agree to accept the arbitrator’s award is final and binding upon them (and their successors, representatives, and heirs) and a judgment upon the arbitration award shall be binding. It may be entered by any court of competent jurisdiction.