Effective Date: These Terms of Use were last updated on January 1, 2017.

These Terms of Use (the “Terms”) set forth the standards of use of the Vega Vitality website. By using the Vega Vitality website at http://vegavitality.com (the “Site”), you (the “Member” or “Members”) agree to the following terms and conditions. If you do not agree to these Terms, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the Terms without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Terms and any modifications. Except as provided in this paragraph, these Terms may not be amended.

Description of Site

The Site provides Members with information about the in-person services offered at Vega Vitality, as well as certain healthy living information and recommendations posted on our blog at http://vegavitality.com/events-waxing-in-boston/.

Disclaimer of Warranties

The Site is provided by Vega Vitality on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Vega Vitality makes no representations or warranties of any kind, express or implied, regarding the use or the results of Site in terms of its correctness, accuracy, reliability, or otherwise. Vega Vitality shall have no liability for any interruptions in the use of this Site, and disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability

Vega Vitality SHALL NOT be liable for any damages, including special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Vega Vitality has been advised of the possibility of such damages.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

Indemnification

Member agrees to indemnify and hold Vega Vitality, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Site, the violation of these Terms, or infringement by Member, or other user of the Site using Member’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Site

Vega Vitality reserves the right to modify or discontinue the Site with or without notice to the Member. Vega Vitality shall not be liable to Member or any third party should Vega Vitality exercise its right to modify or discontinue the Site. Member acknowledges and accepts that Vega Vitality does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

Disclaimer Regarding Accuracy of Vendor Information

Vega Vitality partners with many vendors and independent service providers (the “Vendors”), some of whom provide the services described on the Site directly to clients. In many cases, product and service specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Vega Vitality makes every effort to ensure that the information on this Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Vega Vitality makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Governing Jurisdiction of the Courts

Our website is operated and provided in the Commonwealth of Massachusetts. As such, we are subject to the laws of the Commonwealth of Massachusetts, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Commonwealth of Massachusetts.

Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the copyright or proprietary mark of Vega Vitality, with all rights reserved, or is the property of Vega Vitality and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Vega Vitality, is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Vega Vitality.
Vega Vitality’s trademarks may not be used in connection with any product or service that is not provided by Vega Vitality, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vega Vitality, without permission of an authorized officer of Vega Vitality.
All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Vega Vitality.

Notification of Claimed Copyright Infringement

Making a Claim. If you are a copyright owner or agent and believe that any Site content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notice Party. Vega Vitality’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, Vega Vitality LLC, 747 Main Street, Suite 215, Concord, MA 01742. You can also email us at info@vegavitality.com.

Counter-Notice. If you believe that your removed content (or content to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to arbitration under auspices and rules of the American Arbitration Association, to be held in Boston, MA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored in 10 business days or more after receipt of the counter-notice, at our sole discretion.

Acknowledgment. You acknowledge that if you fail to comply with all of the requirements of this notice, your DMCA notice may not be valid.

Other Terms

If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms and any other agreements referenced herein may be assigned by Vega Vitality, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.

These Terms of Use (the “Terms”) set forth the standards of use of the Vega Vitality website. By using the Vega Vitality website at http://vegavitality.com (the “Site”), you (the “Member” or “Members”) agree to the following terms and conditions. If you do not agree to these Terms, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the Terms without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Terms and any modifications. Except as provided in this paragraph, these Terms may not be amended.

Description of Site

The Site provides Members with information about the in-person services offered at Vega Vitality, as well as certain healthy living information and recommendations posted on our blog at http://vegavitality.com/events-waxing-in-boston/.

Disclaimer of Warranties

The Site is provided by Vega Vitality on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Vega Vitality makes no representations or warranties of any kind, express or implied, regarding the use or the results of Site in terms of its correctness, accuracy, reliability, or otherwise. Vega Vitality shall have no liability for any interruptions in the use of this Site, and disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability

Vega Vitality SHALL NOT be liable for any damages, including special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Vega Vitality has been advised of the possibility of such damages.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

Indemnification

Member agrees to indemnify and hold Vega Vitality, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Site, the violation of these Terms, or infringement by Member, or other user of the Site using Member’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Site

Vega Vitality reserves the right to modify or discontinue the Site with or without notice to the Member. Vega Vitality shall not be liable to Member or any third party should Vega Vitality exercise its right to modify or discontinue the Site. Member acknowledges and accepts that Vega Vitality does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

Disclaimer Regarding Accuracy of Vendor Information

Vega Vitality partners with many vendors and independent service providers (the “Vendors”), some of whom provide the services described on the Site directly to clients. In many cases, product and service specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Vega Vitality makes every effort to ensure that the information on this Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Vega Vitality makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Governing Jurisdiction of the Courts

Our website is operated and provided in the Commonwealth of Massachusetts. As such, we are subject to the laws of the Commonwealth of Massachusetts, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Commonwealth of Massachusetts.

Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the copyright or proprietary mark of Vega Vitality, with all rights reserved, or is the property of Vega Vitality and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Vega Vitality, is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Vega Vitality.
Vega Vitality’s trademarks may not be used in connection with any product or service that is not provided by Vega Vitality, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vega Vitality, without permission of an authorized officer of Vega Vitality.
All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Vega Vitality.

Notification of Claimed Copyright Infringement

Making a Claim. If you are a copyright owner or agent and believe that any Site content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notice Party. Vega Vitality’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, Vega Vitality LLC, 551 Boylston Street, Boston, MA, 02116. You can also email us at info@vegavitality.com.

Counter-Notice. If you believe that your removed content (or content to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to arbitration under auspices and rules of the American Arbitration Association, to be held in Boston, MA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored in 10 business days or more after receipt of the counter-notice, at our sole discretion.

Acknowledgment. You acknowledge that if you fail to comply with all of the requirements of this notice, your DMCA notice may not be valid.

Other Terms

If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms and any other agreements referenced herein may be assigned by Vega Vitality, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.