Find Your Local Spa is comprised of independent spas
Terms Of Use
Last updated: Mar 24, 2025, 11:54 AM
These Terms of Use ("Terms") constitute a legally binding agreement between you (the "User") and Wellness & Care Connection LLC ("Agency," "we," "us," or "our") governing your access to and use of our website, mobile applications, software, and related lead generation services (collectively, the "Platform").
By accessing, browsing, registering an account, or using any service on the Platform, you:
1. Acknowledge that you have read and understood these Terms and our Privacy Policy;
2. Agree to be bound by them and to comply with all applicable laws; and
3. Affirm that you are at least 18 years of age and have the legal capacity to enter into a contract.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.
These Terms apply to all Users, which include:
"Spa Associate": A business entity that has contracted with the Agency to receive leads and use the business-facing features of the Platform.
"Lead" or "Consumer": An individual who uses the Platform to seek or inquire about spa and wellness services.
References to "you" or "User" apply to the relevant category.
2. Description of Services, Core Disclaimers, and Limitation of Liability
A. Nature of the Platform and Agency's Limited Role.
Wellness & Care Connection LLC (the “Agency”) operates an online platform (the “Platform”) that facilitates connections between consumers (“Leads”) and independent spa and wellness service providers (“Spa Associates”). The Agency’s role is strictly limited to providing lead generation and marketing services. The Agency:
Does not employ, supervise, or control Spa Associates;
Does not provide, endorse, or guarantee any spa or wellness services;
Bears no responsibility for the quality, safety, legality, or outcomes of services performed by Spa Associates; and
Is not a party to any agreement between a Lead and a Spa Associate.
B. Privacy Policy, Data Collection, and Acceptance.
Your use of the Platform is governed by our Privacy Policy, which is incorporated into and forms part of these Terms by reference. By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by our Privacy Policy.
1. Information from Leads (Consumers)
We collect personal information that you voluntarily provide through our Website, online forms, or other communication channels, as well as information that is automatically collected when you interact with the Platform. This information may include:
To verify the legitimacy, eligibility, and suitability of potential Spa Associates, we may collect professional and business information, including but not limited to:
Licensing and Professional Details: Spa license number and job titles.
Business Contact: Business address and contact details of key personnel.
Financial Information: Billing and payment-related information.
No Business Outcome Guarantees: The Agency makes no guarantees, representations, or warranties regarding the conversion rates, sales, revenue, profit, or any other business outcomes resulting from the Leads. Success depends on factors outside the Agency's control, including the Spa Associate's own efforts and market conditions. Fees are based on lead delivery, not business results.
Lead Verification:
a. Email Verification: The Agency requires Leads to verify their email address through a confirmation link but does not guarantee that this process will eliminate all invalid or fraudulent submissions.
b. No Guarantee of Data: The Agency does not guarantee the accuracy, completeness, or reliability of any information submitted by Leads. Lead data is consumer-provided and may be inaccurate, outdated, or fraudulent.
c. No Liability: The Agency shall not be liable for errors, omissions, or misrepresentations in Lead information, business decisions made in reliance on such information, or any consequences arising from consumer-submitted data.
Spa Associates are solely and exclusively responsible for:
Legal authority to act on behalf of their business;
Obtaining and maintaining all required licenses, permits, and insurance to operate legally in Texas;
Complying with all applicable laws, rules, and regulations (including privacy, advertising, and consumer protection);
Ensuring all services meet professional standards of quality and care; and
The Agency may verify licenses but does not validate staff credentials. Failure to meet these obligations is a material breach of these Terms.
Eligibility: Users must meet the eligibility requirements set forth in Clause 1, including the minimum age of 18 and legal capacity to contract.
Due Diligence: Users are solely responsible for verifying the credentials, suitability, and professionalism of any Spa Associate before engaging their services.
Non-Medical Nature: The Platform is for non-medical, wellness services only. Users should consult healthcare professionals for medical needs.
THE PLATFORM AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGENCY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGENCY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGENCY'S TOTAL AGGREGATE LIABILITY TO ANY USER OR SPA ASSOCIATE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF:
1. ONE HUNDRED US DOLLARS ($100.00), OR
2. THE TOTAL AMOUNT OF FEES PAID BY THAT SPA ASSOCIATE TO THE AGENCY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
The Platform is available only to individuals or business entities (“Spa Associates”) capable of forming legally binding contracts under applicable law. To access and use the Platform, Spa Associates must:
Register for an account and provide accurate, current, and complete business information, including all legally required licenses, permits, and certifications necessary to operate in Texas, and a valid, verified email address;
Promptly update such information to ensure it remains accurate and complete, and acknowledge that providing false, misleading, outdated, or unverifiable information constitutes a material breach and may result in immediate suspension or termination of the account; and
Maintain the security and confidentiality of all account credentials and accept sole responsibility for all activities, transactions, and communications that occur under their account.
The Agency reserves the right, in its sole discretion, to verify any information provided and to suspend, terminate, or refuse any registration for non-compliance with these Terms or any applicable law, rule, or regulation.
Qualified new Spa Associates may be offered a free trial of the lead generation services ("Free Trial"). The Free Trial is subject to the following binding terms:
Duration: The Free Trial lasts for fifteen (15) consecutive calendar days from the date of account activation.
Eligibility: Eligibility is strictly limited to first-time clients of the Agency. Only one Free Trial is permitted per legal business entity and per unique physical business location. Existing clients, affiliated entities, or branches are not eligible.
Permitted Use: Leads provided during the Free Trial are for the Spa Associate's internal business evaluation purposes only. They may not be sold, shared, licensed, or otherwise transferred to any third party.
Upon expiration of the Free Trial, continued access to the Platform and services is conditional upon the Spa Associate either:
a. Executing a separate Paid Service Agreement; or
b. Explicitly accepting the Agency's then-current paid service terms and providing valid payment details.
Communications: By accepting the Free Trial, the Spa Associate expressly consents to receive administrative and service-related communications from the Agency, including via email and, where applicable and permitted by law, SMS.
a. Suspected misuse of the Platform or services;
b. Any fraudulent activity; or
c. Any violation of these Terms.
By opting into any paid service, Spa Associates agree to the following binding terms:
a. Lead pricing, subscription fees, and assignment rates are dynamic and may fluctuate based on factors including, but not limited to, geographic location, service category, market demand, advertising platform costs, and competitive bidding.
b. The applicable fees for a specific service, subscription, or lead purchase will be clearly disclosed to the Spa Associate prior to any financial commitment.
c. Acceptance of a subscription or agreement to purchase a lead constitutes ongoing agreement to the then-current, disclosed fee for that service.
Liability and Delivery The Spa Associate becomes liable for the full, predetermined fee for a lead immediately upon the Agency’s delivery of that verified lead. Delivery is deemed completed when the Agency issues a notification to the Spa Associate through any of the communication channels registered with the Agency, including but not limited to the Spa Associate’s registered email address and/or SMS text message. The Spa Associate acknowledges and agrees that the timestamp generated by the Agency’s systems for such notification shall constitute conclusive evidence of delivery and trigger the corresponding payment obligation.
Pricing Adjustments The Agency reserves the right to modify its pricing models, fee structures, or service tiers at any time. Updated pricing will be reflected on the Platform or in the Agency’s published fee schedule. Except as required by law for existing recurring subscriptions, no individual notice of such changes is required.
Payments and Third-Party Providers Payments are processed by third-party providers. The Spa Associate agrees to comply with the terms and conditions of those providers and acknowledges that the Agency is not responsible for their actions or fees.
Suspension, Termination, and Ongoing Liability To temporarily suspend or permanently terminate the receipt of exclusive leads, the Spa Associate must send written notice to the Agency's designated email address. The Spa Associate remains fully liable for all fees associated with leads assigned and delivered until the Agency provides written confirmation of the effective date of deactivation or termination. Fee generation ceases only after such written confirmation is issued by the Agency.
Incorporation of Disclaimers and Limitations The Spa Associate specifically acknowledges that, notwithstanding the commencement of a Free Trial or any Paid Service, all disclaimers, limitations of liability, caps on damages, and non-guarantees set forth in Clause 2 and elsewhere in these Terms are hereby fully incorporated into this Agreement by reference and shall remain in full force and effect. Payment for any services does not nullify, diminish, or create any exception to the Agency’s disclaimers, limitations of liability, caps on damages, or other protections set forth anywhere in these Terms, all of which remain fully applicable and enforceable regardless of the type of service purchased or the amount paid.
4. Advertising Methodology, Content Liability, and Intellectual Property
A. Lead Generation Methodology
Primary Source of Leads: The Agency generates consumer leads ("Leads") primarily through paid online advertising campaigns (such as pay-per-click advertising on search engines). This method is focused on attracting users with direct intent to seek spa and wellness services.
No Guarantee of Source or Volume: The Agency reserves the right to modify its marketing strategies, channels, and lead sources at any time to optimize performance and efficiency. The Agency does not guarantee that leads will be generated from any specific channel or in any specific volume.
Spa Associate's General Consent: By using the Platform, the Spa Associate acknowledges and consents to the Agency's methods of lead generation and customer acquisition. The Spa Associate understands that the Agency's focus is on generating commercially viable leads, not on the specific advertising tactics employed.
B. Content Liability and Passive Conduit Role
Informational Purpose & Passive Role: All promotional content, service descriptions, and brand references displayed on the Platform are for informational purposes only. The Agency does not create, endorse, or verify such content and acts solely as a passive conduit and interactive computer service for content submitted by Users and Spa Associates.
No Agency Review or Guarantee: The Agency does not review, screen, warrant, or guarantee the accuracy, completeness, legality, or quality of any content submitted by Spa Associates or other Users. The publication of content on the Platform does not constitute any form of approval or recommendation by the Agency.
Spa Associate's Sole Responsibility: Spa Associates are solely and fully responsible for all content they publish or cause to be published on the Platform. This responsibility includes ensuring such content complies with all: a. applicable advertising and marketing laws and regulations; b. consumer protection laws, including those prohibiting deceptive trade practices; and c. professional and ethical standards of their industry.
Intellectual Property Disclaimer: Any similarity between content published by a Spa Associate and another entity's trademarks, service marks, logos, or other intellectual property is purely coincidental. The Agency does not endorse, approve, or assume any liability for such content, and its publication shall not be construed as an affiliation, sponsorship, or partnership with the referenced entity.
Sole Responsibility for Content: Spa Associates are solely and exclusively responsible for all text, images, claims, offers, and any other material ("Content") they submit, post, or cause to be displayed on the Platform. This responsibility includes, without limitation, verifying the accuracy of all statements, substantiating all advertised claims (e.g., regarding services, qualifications, or results), and ensuring the Content's compliance with these Terms and all applicable laws.
Spa Associates agree their Content will not, and they will not use the Platform to:
a. Be false, deceptive, misleading, or fraudulent;
b. Infringe upon any third-party intellectual property, privacy, or publicity rights;
c. Contain defamatory, obscene, harassing, or unlawful material;
d. Constitute unfair or deceptive trade practices; or
e. Impersonate any person or entity or misrepresent affiliation.
While the Agency has no obligation to screen, pre-approve, monitor, or edit Content, it expressly reserves the right, in its sole discretion and at any time, to:
a. Review, reject, remove, or restrict access to any Content for any or no reason;
b. Take any action with respect to Content that it deems necessary or appropriate, including if such Content is believed to violate these Terms, applicable law, or could create liability for the Agency; and
c. Cooperate fully with any law enforcement authority or court order requesting or directing the Agency to disclose the identity or information of anyone posting any Content.
No Liability & Indemnification:
The Agency shall not be liable for any damages, losses, or claims arising from: (i) any Content; (ii) the use or inability to use the content moderation features; or (iii) any action or inaction taken regarding Content.
The Spa Associate must indemnify the Agency and hold it harmless against all claims and liabilities arising directly from the Spa Associate's Content.
If you believe that any content on the Platform infringes your copyright, trademark, or other intellectual property right, you must submit a written notification ("Takedown Notice") to our designated agent via:
Email: info@findyourlocalspa.com
Mailing Address: 5900 Balcones Drive, Suite 100, Austin, TX 78731, United States, Attn: DMCA Agent.
For the notice to be valid under applicable law (including the DMCA), it must include:
a. A physical or electronic signature of the rights holder or authorized agent.
b. Identification of the copyrighted work or intellectual property claimed to be infringed.
c. Identification of the allegedly infringing material, with information reasonably sufficient to permit us to locate it on the Platform (e.g., a URL).
d. Your contact information, including address, telephone number, and email.
e. A statement that you have a good faith belief that use of the material is not authorized by the rights holder, its agent, or the law.
f. 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.
Upon receipt of a complete and compliant Takedown Notice, the Agency will:
a. Expeditiously remove or disable access to the allegedly infringing content.
b. Take any additional actions it deems appropriate in its sole discretion, which may include notifying the Spa Associate who submitted the content. The Agency is under no obligation to provide such notice or any further information regarding the Takedown Notice.
Counter-Notification by Spa Associate. If a Spa Associate believes their content was removed due to a mistake or misidentification, they may submit a counter-notification. A valid counter-notification must include the elements required by law. Upon receipt, the Agency will forward it to the original complainant. The removed content may be reinstated 10-14 business days after the counter-notification is sent, unless the original complainant informs us that they have filed a court action to restrain the infringement.
a. The Agency may, in its sole discretion, share a complaint with the relevant Spa Associate prior to taking action to allow for a response or clarification.
b. This procedure is a courtesy. The Agency's compliance with this process does not constitute a legal determination that content is infringing. The Agency reserves the right to remove any content for any reason, with or without a formal notice.
c. The Agency is not an arbiter of intellectual property disputes. This internal process is not a substitute for, and does not affect, any legal rights or remedies available to any party. The Agency shall not be liable for any actions taken in good faith under this procedure.
Operational Discretion: The Agency may establish, modify, and enforce reasonable operational practices and limits concerning the use of the Platform, including but not limited to: a. the frequency, size, or format of content submissions; b. storage capacity and data retention periods; c. the duration of access to the Platform or specific features; and d. any other technical or administrative constraints deemed necessary.
Spa Associates expressly acknowledge and agree that:
a. The Agency is not an archive or backup service and has no obligation to store, retain, back up, or preserve any content, data, or communications.
b. Content may be deleted, purged, or made permanently inaccessible by the Agency at any time, at the Agency’s sole discretion, with or without notice, upon expiration of a commercially reasonable retention period or otherwise.
While the Agency implements commercially reasonable measures to safeguard content, data, and communications, the Agency does not guarantee the storage, integrity, or continued availability of such materials. Accordingly, the Agency shall not be held liable for the deletion, alteration, loss, or failure to store or access any content, data, or communications resulting from:
a. System maintenance or operational practices,
b. Technical issues or failures beyond the Agency’s reasonable control, or
c. Any other circumstances inherent to the operation of digital systems.
The Spa Associate is encouraged to maintain independent backups of any materials they deem important.
By registering for an account, using the Platform, or providing your contact information (including, but not limited to, email addresses and mobile telephone numbers), you, the Spa Associate, hereby provide your prior express written consent to the Agency to contact you for all purposes related to the performance of these Terms and the services provided. This includes, but is not limited to, communications regarding account management, lead alerts, service updates, billing, security, and fulfillment of the contract.
You specifically acknowledge and agree that:
Mandatory Contact and Automated Communications: Your consent expressly covers communications sent using automated telephone dialing systems, artificial or pre-recorded voice messages, SMS/text messages, and emails to the contact points you provide. You may not opt out of transactional or service-related communications that are essential to the contract, such as lead delivery notifications, billing statements, account security alerts, password resets, and legally required notices (as detailed further in Section 11).
Opt-Out for Promotional Messages: You may opt out of receiving promotional or marketing communications (i.e., messages not directly related to the performance of your service relationship with the Agency) at any time via email at info@findyourlocalspa.com. Opting out of promotional communications will not affect your ability to receive essential service-related notifications, updates, alerts, or other operational communications that are necessary for the provision of the Services.
The Agency generates Leads exclusively through its online Platform. The Agency represents that it uses industry-standard disclosures and commercially reasonable efforts to obtain the consumer's ("Lead's") consent to:
a. Collect their personal information, and
b. Share that information with a participating Spa Associate for the sole and limited purpose of allowing the Spa Associate to contact the Lead regarding the specific services requested.
a. The Agency does not guarantee that any Lead's consent is valid under all laws or for all purposes, and the initial consent obtained by the Agency is not a substitute for the Spa Associate's own compliance obligations.
b. The Spa Associate is solely and exclusively responsible for ensuring that all of its subsequent communications with a Lead (including but not limited to phone calls, SMS/text messages, emails, and follow-up communications) are conducted in full compliance with all applicable federal, state, and local laws, rules, and regulations, governing telemarketing and electronic communications, including without limitation:
i. The Telephone Consumer Protection Act (TCPA) and its implementing regulations;
ii. The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing Act);
iii. In full compliance with all applicable federal and state telemarketing, privacy, and consumer protection laws, including, without limitation, those governing consumer consent, Do-Not-Call registries, and data privacy (e.g., the CCPA), to the extent applicable; and
iv. Professional and industry standards.
3. Indemnification for Non-Compliance: The Spa Associate shall indemnify, defend, and hold harmless the Agency (its affiliates, officers, directors, and agents) from and against any and all claims, damages, losses, liabilities, costs, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of or relating to any communication the Spa Associate has with a Lead, regardless of the legal theory asserted, including but not limited to allegations of violation of the TCPA, CAN-SPAM Act, or any analogous state law.
Third-Party Services Disclaimer: The Agency utilizes third-party services, including mobile carriers, internet service providers, and communication platforms, to deliver messages and facilitate the Platform. The Agency does not guarantee and shall not be liable for:
The performance, availability, or reliability of these third-party services;
Any delays, failures, errors, losses, or interruptions in transmission caused by them; or
Any message or data rates they may charge.
The Spa Associate is solely responsible for all such charges.
6. Privacy and Data Security
Upon receiving Lead information through the Platform, you, the Spa Associate, become an independent data controller with respect to that Lead data. You are solely and exclusively responsible for:
Complying with all applicable federal, state, and local privacy and consumer protection laws and regulations related to the collection, storage, and processing of personal data, including, without limitation, the CCPA (to the extent applicable) and other state data privacy laws.
Providing your own privacy notices and obtaining any additional consents required for any communication or processing beyond the initial inquiry made through the Platform; and
Implementing and maintaining appropriate administrative, physical, and technical safeguards to protect Lead data in your possession or control.
To mitigate risks of unauthorized access, hacking, or exposure of Lead personal information, the Spa Associate must permanently delete, purge, or irreversibly anonymize all Lead data in their systems no later than fourteen (14) calendar days after receiving it, unless retention is required by law. Failure to comply with this requirement constitutes a material breach of these Terms.
The Agency does not back up, retain, or archive Lead data after delivery and assumes no responsibility for the Spa Associate’s retention, storage, or handling of such data beyond the initial transfer.
While the Agency implements commercially reasonable measures to safeguard its systems, the Agency does not and cannot guarantee absolute security. The Spa Associate is solely responsible for securing its own systems, devices, and credentials.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGENCY SHALL NOT BE LIABLE for any security incident, breach, unauthorized access, or misuse of Lead data occurring after delivery to the Spa Associate, regardless of cause.
Any privacy rights available to Leads such as rights to access, correct, or delete personal information are governed exclusively by the Agency’s Your Privacy Rights notice located in the footer of the Platform. This Section does not grant the Spa Associate any such rights.
The parties expressly agree that the detailed and definitive terms governing the Governing Law, Jurisdiction, Mandatory Binding Arbitration, Class Action Waiver, and Exceptions to Arbitration for any Dispute arising under these Terms are set forth exclusively in Clause 19 (Governing Law; Dispute Resolution; Binding Arbitration) of this Agreement.
Any information or provision regarding governing law, jurisdiction, or dispute resolution that may have previously appeared in this Clause 7 is hereby superseded and replaced entirely by the provisions of Clause 19. You are directed to Clause 19 for the complete and binding terms regarding how disputes shall be resolved.
Subject to your compliance with these Terms, Wellness & Care Connection LLC (the “Agency”) grants you, the Spa Associate, a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform (including its website, software, and related documentation) solely for your internal business purposes to receive and manage leads in accordance with the services provided herein.
Your use of the Platform must at all times be:
a. Lawful and in strict compliance with these Terms, the Privacy Policy, and all applicable local, state, national, and international laws, rules, and regulations (including data protection and advertising laws);
b. Conducted only through your authorized account; and
c. For the sole purpose of participating as a Spa Associate in the Agency's lead generation program.
You shall not, and shall not permit any third party to:
a. Copy, modify, create derivative works of, reverse engineer, decompile, or disassemble any aspect of the Platform;
b. Use the Platform to build a competitive product or service, or for any benchmarking or competitive analysis;
c. Interfere with, disrupt, or overload the integrity or performance of the Platform;
d. Attempt to gain unauthorized access to the Platform, other accounts, or related systems or networks;
e. Use any automated system (e.g., "bots," "scrapers") to access or use the Platform, except as expressly permitted by the Agency;
f. License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Platform or your access rights; or
g. Use the Platform to store, transmit, or process unlawful, infringing, or malicious content.
This license shall remain in effect unless and until terminated as provided herein. The Agency may suspend or terminate your license and access to the Platform immediately, in its sole discretion, if you breach these Terms, engage in unauthorized or unlawful use of the Platform, or if the Agency determines that such action is necessary to protect its operations, systems, or other users. The Agency may exercise this right with or without prior notice.
You agree not to use the Platform for any unlawful, unauthorized, or otherwise prohibited purpose. You shall not, and shall not permit or assist any third party to:
a. Misrepresentation & Fraud: Misrepresent your identity, qualifications, affiliations, or business credentials; submit false, fraudulent, or deceptive information (including false lead data); or engage in any scheme intended to deceive the Agency, other Users, or Leads.
b. Malicious Code: Upload, transmit, or introduce viruses, Trojan horses, worms, logic bombs, or any other harmful or malicious technology.
c. Harassment & Illegal Content: Harass, threaten, abuse, defame, or invade the privacy of any person, or submit, post, or transmit content that is illegal, obscene, or otherwise objectionable.
d. Unfair Competition & Unauthorized Data Use: Use the Platform, its data, or any leads obtained through it to build or support a competing service; solicit Spa Associates or Leads outside the Platform; or otherwise exploit Platform information for commercial gain unrelated to the agreed services.
e. Circumvention: Bypass, disable, or interfere with any security mechanisms, access controls, or content-filtering systems of the Platform.
Any violation of this Section may result in the immediate suspension or termination of your account and access to the Platform, at the Agency’s sole discretion, with or without prior notice. The Agency reserves all other rights and remedies available at law or in equity.
Content from Leads (Consumers): When a consumer ("Lead") submits reviews, testimonials, ratings, or other content ("Lead Content") through the Platform, they grant the Agency a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, adapt, publish, translate, distribute, publicly display, and create derivative works of such Lead Content in any media format and through any media channel for the purposes of marketing, promoting, and improving the Services.
a. License Grant: By submitting any business information, logos, descriptions, photographs, or other materials ("Spa Associate Content") to the Platform, the Spa Associate grants the Agency a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, modify, publicly display, and distribute the Spa Associate Content in connection with operating, marketing, and promoting the Platform and the Agency's services, including in advertising, directories, and social media.
b. Your Representations & Warranties: You represent and warrant that:
i. You own or have the necessary rights, licenses, consents, and permissions to grant the above license for all Spa Associate Content you submit;
ii. Such Content is accurate, truthful, and not misleading; and
iii. Such Content does not violate any third-party rights (including intellectual property and privacy rights) or any applicable law.
Agency's Right to Moderate Content: The Agency does not claim ownership of your Content. However, the Agency reserves the right, but not the obligation, to monitor, review, and screen all Content. The Agency may, in its sole discretion and without prior notice, refuse to publish, edit, remove, or restrict access to any Content for any reason, including if such Content violates these Terms, is objectionable, or could create liability for the Agency.
No Agency Liability: The Agency assumes no responsibility and disclaims all liability for any Content provided by Leads or Spa Associates. You are solely responsible for your Content and the consequences of submitting it.
Nature of the Platform: The Agency operates the Platform as a technology-enabled marketplace that facilitates connections between independent Spa Associates and consumers ("Leads"). The Agency does not employ Spa Associates, provide spa services, supervise transactions, or set pricing. All services are provided by independent, third-party Spa Associates.
a. Reviews and Content: Any reviews, ratings, testimonials, or other content posted by Leads or Spa Associates ("User Content") are the sole opinions and responsibility of the person posting them. The Agency does not endorse, verify, or guarantee the accuracy, completeness, or reliability of any User Content.
b. Third-Party Interactions: The Agency is not a party to and shall not be held liable for any interactions, agreements, transactions, disputes, or any outcomes between Leads and Spa Associates. All dealings are solely between those parties.
To the fullest extent permitted by law, you (whether a Lead or a Spa Associate) hereby release, indemnify, and hold harmless the Agency (its affiliates, and officers) from any and all claims, demands, and damages (actual and consequential) of every kind, known and unknown, arising out of or in any way connected with:
a. Any User Content;
b. Your use of or reliance on information posted on the Platform;
c. Any interactions or transactions with other Users; or
d. The services rendered by a Spa Associate.
Content Moderation Rights: The Agency reserves the right, but undertakes no obligation, to monitor, screen, or moderate User Content. The Agency may, in its sole discretion, remove, edit, or refuse to publish any User Content that it determines, in its sole judgment, violates these Terms, is unlawful, offensive, threatening, defamatory, infringing, or otherwise objectionable.
Ownership by the Agency: The Platform, including its entire contents, features, and functionality (collectively, the "Agency IP"), is owned by Wellness & Care Connection LLC, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limited License & Restrictions: These Terms grant you a limited, revocable license to access and use the Agency IP only as expressly permitted herein.
No Transfer of Rights: Your use of the Platform and the Agency IP does not and shall not be construed as granting (by implication, estoppel, or otherwise) any license or right to use any Agency IP without our prior written permission. All rights not expressly granted are reserved by the Agency.
Respect for Third-Party IP & DMCA Compliance: The Agency respects the intellectual property rights of others. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). For details on our takedown procedure, please see Section 8.F in this document.
To be effective, your notification of claimed infringement must be a written communication provided to our designated agent:
Company: Wellness & Care Connection LLC
Attn: DMCA Agent / Patricio Díaz
Address: 5900 Balcones Drive, Suite 100, Austin, TX 78731, United States
Email: info@findyourlocalspa.com
If you are a copyright owner or an agent thereof and believe that any content on the Platform infringes your copyright, your notice must include all of the following information (as required by 17 U.S.C. § 512(c)(3)):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
b. 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.
c. 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 us to locate the material.
d. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e. 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.
f. 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.
This Section applies exclusively to individuals who use the Platform to request information, submit inquiries, or otherwise act as potential or actual recipients of spa or wellness services (“Leads” or “Consumers”). By accessing or relying on any Content available through the Platform, you acknowledge and agree to the terms of this Section.
Informational Purposes Only: The Platform, including all text, graphics, images, service descriptions, spa listings, and other materials (collectively, the “Content”), is made available solely for general informational and commercial lead-generation purposes. It is not a substitute for professional, medical, therapeutic, wellness, or healthcare advice.
No Medical Advice:
WELLNESS & CARE CONNECTION LLC DOES NOT PROVIDE MEDICAL, HEALTH, OR THERAPEUTIC ADVICE, DIAGNOSIS, OR TREATMENT.
The Content, including information about spa services, wellness practices, massage techniques, or any provider listing, does not constitute medical advice and must not be used to diagnose, treat, cure, mitigate, or prevent any disease or health condition.
The Agency is not a healthcare provider, does not verify the medical competency of Spa Associates, and does not supervise or evaluate any treatments, procedures, claims, or outcomes.
No Professional Endorsement: The inclusion, listing, or presentation of a Spa Associate on the Platform, or the generation or transfer of a lead, does not constitute a referral, endorsement, recommendation, or certification of that Spa Associate’s qualifications, practices, credentials, or safety standards. You, the Lead/Consumer, are solely responsible for evaluating whether a provider meets your personal needs, health conditions, and expectations.
You acknowledge and agree that it is your sole responsibility to consult with a qualified physician, licensed practitioner, or other certified healthcare professional regarding any medical or therapeutic concerns.
Never disregard professional medical advice or delay seeking it because of information obtained through this Platform, or because of services offered or advertised by any Spa Associate.
Independent Providers: The Platform connects consumers with independent, third-party providers ("Spa Associates") who offer relaxation, beauty, wellness, and related personal care services. Spa Associates are not employees, agents, or partners of the Agency. They operate their own independent businesses, set their own prices, schedules, and service protocols, and are solely responsible for their own actions, conduct, and compliance with all laws.
The Agency’s role is strictly limited to that of a technology and marketing platform. The Agency provides the digital infrastructure for lead generation, connection, and business management. The Agency does not:
a. Provide, supervise, manage, or control any spa or wellness services;
b. Endorse, guarantee, or warrant the quality, safety, legality, suitability, or effectiveness of any Spa Associate’s services;
c. Verify, validate, or audit the specific skills, certifications, or claims made by Spa Associates regarding therapeutic or medical benefits; or
d. Assume any liability for the actions, omissions, representations, or conduct of any Spa Associate or User.
No Agency Liability for Services or Outcomes: Any transaction, agreement, or service relationship is strictly between the Lead (consumer) and the Spa Associate. The Agency shall not be held liable for any injuries, damages, losses, claims, or disputes arising from or related to the services provided by a Spa Associate, including but not limited to any dissatisfaction with results, allergic reactions, or personal injury.
Consumer Due Diligence: Leads are solely responsible for conducting their own due diligence before engaging a Spa Associate, including verifying credentials, reading reviews, and ensuring the service is appropriate for their needs.
Users (including both Spa Associates and Leads) are solely and exclusively responsible for their own decisions, actions, and interactions on the Platform. All Users are responsible for:
a. Determining the suitability, safety, and appropriateness of any spa or wellness service for their individual needs, health conditions, and preferences;
b. Conducting their own due diligence on any Spa Associate, including verifying their credentials, licenses, insurance, and reviews; and
c. Communicating any health concerns, allergies, or physical conditions to the Spa Associate prior to receiving any service.
a. THE PLATFORM DOES NOT PROVIDE MEDICAL ADVICE. All content is for informational purposes only.
b. YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH A QUALIFIED PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL before undergoing any spa, wellness, or personal care treatment, especially if you have a known medical condition, are pregnant, or have allergies, sensitivities, or other health concerns.
c. Do not disregard, avoid, or delay obtaining professional medical advice because of something you have read or seen on the Platform.
Assumption of Risk: By using the services of a Spa Associate, you expressly acknowledge and assume all risks associated with such services, including but not limited to the risk of personal injury, allergic reaction, dissatisfaction with results, or any other adverse outcome.
Release: To the fullest extent permitted by law, you hereby release, discharge, and hold harmless the Agency, its affiliates, and their respective officers from any and all liability, claims, demands, or causes of action arising from your use of a Spa Associate's services or your reliance on any information on the Platform.
The Spa Associate acknowledges, agrees, and warrants that it is their sole and exclusive responsibility to:
a. Obtain all relevant health and safety information from their clients (Leads) prior to rendering any service;
b. Provide all necessary health screenings, contraindication notices, and service-specific warnings directly to their clients; and
c. Maintain and provide all legally required disclaimers regarding the non-medical nature of their services.
Indemnification for Failure. The Spa Associate shall indemnify, defend, and hold harmless the Agency from and against any and all claims, damages, or liabilities arising from the Spa Associate’s failure to comply with the obligations described above.
All Users, including Leads, expressly understand and agree that:
a. Spa and wellness services carry inherent risks, including but not limited to the risk of personal injury, allergic reaction, or dissatisfaction.
b. By engaging a Spa Associate, they voluntarily assume all such risks associated with the services received.
c. The Agency is not responsible for the Spa Associate's failure to disclose risks or obtain health information.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGENCY, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY INJURY, LOSS, OR HARM OF ANY KIND, ARISING OUT OF OR RELATED TO:
ANY SPA, WELLNESS, OR PERSONAL CARE SERVICE RENDERED BY A SPA ASSOCIATE, including but not limited to personal injury, allergic reactions, burns, infections, or emotional distress;
ANY NEGLIGENCE, MISCONDUCT, OR ERROR BY A SPA ASSOCIATE;
ANY INADEQUATE, INACCURATE, OR MISSING HEALTH OR SAFETY DISCLOSURES BY A SPA ASSOCIATE;
ANY ADVICE, CLAIM, OR REPRESENTATION MADE BY A SPA ASSOCIATE REGARDING THE THERAPEUTIC OR HEALTH BENEFITS OF A SERVICE; OR
YOUR RELIANCE ON ANY INFORMATION OR MATERIALS OBTAINED THROUGH THE PLATFORM WHEN SELECTING A SPA ASSOCIATE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR THE SERVICES OF A SPA ASSOCIATE IS TO DISCONTINUE USE OF THE PLATFORM. THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Residents of certain U.S. states (including California, Colorado, Virginia, Utah, and Connecticut) may have additional privacy rights under applicable state laws (e.g., CCPA, CPRA, Colorado Privacy Act). These rights may include the right to:
a. Know/Access: Request confirmation of processing and access to a copy of your personal information in a portable format.
b. Correct: Request correction of inaccurate personal information.
c. Delete: Request deletion of your personal information, subject to certain legal exceptions.
d. Opt-Out of Sale/Sharing/Targeted Advertising: Opt-out of the "sale" of your personal information, the "sharing" of your information for cross-context behavioral advertising, or the use of your data for targeted advertising, as those terms are defined under applicable state law.
e. Limit Use of Sensitive Data: Direct us to limit the use and disclosure of your sensitive personal information to only what is necessary.
f. Non-Discrimination: Not receive discriminatory treatment for exercising Your Privacy Rights.
To exercise any of these state-specific rights, you must submit a verifiable consumer request by:
a. Accessing the Your Privacy Rights link located in the footer of our website; or
b. Emailing us at: info@findyourlocalspa.com
Your request must provide sufficient detail to identify you and the right you wish to exercise. We may request additional information to verify your identity.
a. We will acknowledge receipt of your verifiable request within ten (10) business days and will respond substantively within the timeframes required by the applicable state law, typically 45 days.
b. We may deny a request if we cannot verify your identity, if the request is excessive or manifestly unfounded, or if fulfilling it would infringe on the rights of others or our legal obligations.
c. Appeals: Certain state laws grant you the right to appeal our decision. If we deny your request, we will provide an explanation and instructions on how to appeal, if applicable.
Use of Authorized Agents: You may designate an authorized agent to make a request on your behalf. We will require proof of your signed permission for the agent to act and will still need to verify your identity directly.
"Do Not Sell or Share My Personal Information": To exercise your right to opt-out of the "sale" or "sharing" of your personal information under the CCPA/CPRA, please use the link titled Do Not Sell or Share My Personal Information available in the footer of our website.
In providing the Services, the Agency discloses personal information of Leads to the Spa Associates selected by those Leads. This disclosure is made for the following business purposes, as defined under applicable state privacy laws:
a. Performing Services: To fulfill our core service of connecting consumers (Leads) with service providers (Spa Associates) for the services they have requested.
b. Contractual Fulfillment: To enable the Spa Associate to contact the Lead and provide the requested service information or quote.
1. No Sale for Monetary Consideration: The Agency does not exchange personal information for monetary consideration as a traditional "sale" for cash.
2. Disclosure Regarding CCPA/CPRA: The disclosure of a Lead's personal information to a Spa Associate in exchange for a fee paid to the Agency may be deemed a "Sale" or "Sharing" of personal information for cross-context behavioral advertising under the broad definitions of the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA).
3. Right to Opt-Out: In recognition of this classification, the Agency honors and respects the right of eligible consumers (Leads) to opt-out of the Sale or Sharing of their personal information. Consumers may exercise this right through the mechanism provided in Section 10.A of these Terms: "Do Not Sell or Share My Personal Information."
Platform Not for Children: The Platform and Services are not intended for, directed to, or designed for use by children under the age of 13. We do not knowingly collect, solicit, or maintain personal information from anyone under the age of 13. If you are under 13, do not attempt to register for the Platform or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 13, we will delete that information promptly. If you believe a child under 13 may have provided us with personal information, please contact us immediately at info@findyourlocalspa.com.
California Minors' Content Removal Right: California residents under the age of 18 who are registered users of the Platform may request removal of content or information they have publicly posted. To make such a request, please contact us at info@findyourlocalspa.com with "California Minor Content Removal" in the subject line and specify the content.
Please note that removal does not ensure complete or comprehensive deletion, and we may not be required to erase content if:
a. It is anonymized;
b. Other users have reposted it; or
c. We have a legal obligation to retain it (e.g., for transactional records, to protect against fraudulent activity, or as required by law).
Parental Controls and Supervision: The Agency may provide general information about third-party parental control protections as a resource to parents and guardians. THE AGENCY DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SUCH THIRD-PARTY PRODUCTS OR SERVICES. It is the sole responsibility of parents and guardians to monitor their minor children's internet usage.
By creating an account, registering, or using the Platform in any manner, you (whether a Spa Associate or Lead) hereby expressly consent and agree to conduct all transactions and receive all communications, agreements, documents, notices, and disclosures (collectively, "Communications") from Wellness & Care Connection LLC (the "Agency") exclusively in electronic form.
You consent to receive the following communications electronically:
a. These Terms of Use and the Privacy Policy;
b. Any service or subscription agreements;
c. Lead notifications and service alerts;
d. Invoices, billing statements, and payment confirmations;
e. Account security alerts and password resets;
f. Legal, regulatory, and policy updates; and
g. Any other information related to your account or the Services.
For purposes of these Terms, all Communications and Legal Notices are collectively referred to as “Notices.”
We may deliver these Communications to you through any of the following electronic methods, at our sole discretion:
a. Posting within the Platform or your account dashboard;
b. Email sent to the email address you provided during registration or account management; c. SMS/Text Message sent to the mobile phone number you provided;
d. In-app or push notifications; or
e. Any other electronic contact method associated with your account.
Message delivery is not guaranteed and may be delayed, filtered, blocked, throttled, or not delivered by carriers, network providers, or third-party service providers. The Agency shall not be liable for any failures, delays, or omissions in the delivery of such Communications.
a. Legal Equivalence. You agree that all Communications provided to you electronically satisfy any legal requirement that such communications be "in writing," to the fullest extent permitted by applicable law (including the U.S. ESIGN Act). Electronic Communications shall have the same legal effect, validity, and enforceability as signed, paper-based records.
b. Waiver of Objection. You hereby irrevocably waive any and all objections and defenses to the use of electronic records and signatures, and to the admissibility of such records in any legal proceeding.
c. Conclusive Evidence & Timing of Delivery.
i. The Agency may rely on its own electronic records as conclusive and definitive evidence of the content, sending, and delivery of any Communication.
ii. A Communication shall be deemed legally delivered and received by you at the moment the Agency sends it from its server or posts it to the Platform, and not at the time you actually access, open, or read it.
Withdrawing Consent & Paper Copies. You may withdraw your consent to receive electronic Communications by providing written notice. However, if you withdraw consent, the Agency reserves the right to immediately terminate your account and access to the Services, as maintaining a non-electronic relationship may not be commercially or operationally feasible. The Agency may charge a reasonable fee for paper copies.
You, the Spa Associate, are solely and exclusively responsible for ensuring that all information in your account profile (including business name, address, email address, and phone number) is and remains accurate, current, and operational at all times.
a. The Agency is entitled to rely conclusively on the contact information you have provided as the official and correct means of communication.
b. Any Notice sent by the Agency to the contact point last provided by you shall be deemed legally delivered and received on the date the Agency sends it, regardless of whether you actually access or read it. Your failure to update your information does not invalidate such delivery.
c. Agency Has No Verification Duty: The Agency has no obligation to investigate, verify, or update the accuracy of the contact information you submit.
You acknowledge and agree that any failure to maintain accurate contact information may lead to, without limitation:
a. Missed lead deliveries and business opportunities;
b. Undelivered invoices or payment notices (you remain liable for all fees regardless of receipt);
c. Failure to receive critical security alerts or policy updates; and d. Suspension or termination of your account for failure to respond to required communications.
Assumption of Risk: You hereby assume all risk and liability associated with your failure to maintain accurate and current account information.
12. Service Interruptions, Accessibility, and Force Majeure
No Uptime Guarantee: The Agency strives to maintain a reliable Platform; however, we do not guarantee, represent, or warrant that access to the Platform will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components. Operation of the Platform may be affected by numerous factors outside our control.
You acknowledge and agree that the Platform may be temporarily unavailable or experience degraded performance for reasons including, but not limited to:
a. Scheduled or emergency maintenance, updates, patches, or upgrades;
b. Technical failures of our systems, servers, hardware, or software;
c. Failures or outages involving third-party hosting providers, telecommunications carriers, or internet infrastructure;
d. Actions or inactions by you or by third parties;
e. Force majeure events (including natural disasters, acts of war, civil unrest, pandemics, labor disputes, or government actions); or
f. Any other cause beyond the Agency’s reasonable control.
Maintenance and Updates: The Agency may perform maintenance, implement updates, or modify the Platform at any time, with or without notice. These activities may temporarily affect availability or functionality.
To the fullest extent permitted by law, the Agency, its affiliates, and their respective officers, directors, employees, and agents shall not be liable for any loss, damage, cost, or expense of any kind—including, without limitation, lost profits, lost data, loss of business opportunities, service disruptions, or any incidental, consequential, indirect, special, or exemplary damages arising out of or relating to:
a. Any interruption, suspension, termination, outage, or delay affecting the Platform or Services;
b. Any incompatibility between the Platform and any device, operating system, browser, network, or software you use; or
c. The failure, malfunction, or inadequacy of any backup, redundancy, or disaster-recovery system.
This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if the Agency has been advised of, or could have reasonably foreseen, the possibility of such damages.
"AS IS" AND "AS AVAILABLE" BASIS. THE PLATFORM, THE SERVICES, AND ALL CONTENT AND INFORMATION PROVIDED THROUGH THEM ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTY OF ANY KIND.
DISCLAIMER OF ALL WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE AGENCY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM AND SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
SPECIFIC DISCLAIMERS. WITHOUT LIMITING THE FOREGOING, THE AGENCY MAKES NO WARRANTY OR REPRESENTATION, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY, THAT: a. THE PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OR BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES; b. THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; c. ANY CONTENT OR INFORMATION OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR d. DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED.
NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED FROM THE AGENCY OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
COMPATIBILITY AND CONFIGURATION. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING THE HARDWARE, SOFTWARE, AND INTERNET CONNECTION NECESSARY TO ACCESS THE PLATFORM. THE AGENCY DOES NOT GUARANTEE COMPATIBILITY WITH ALL DEVICES, BROWSERS, OR OPERATING SYSTEMS.
The Agency shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any obligation under these Terms when, and to the extent, such failure or delay is caused by or results from acts, events, omissions, or circumstances beyond the reasonable control of the Agency (each, a “Force Majeure Event”). Such events include, but are not limited to:
a. Acts of God, natural disasters, fire, flood, earthquake, or extreme weather;
b. War, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, civil commotion, or other widespread public disorder;
c. Governmental actions, including the enactment of new laws, regulations, embargoes, sanctions, or orders;
d. Strikes, lockouts, labor disputes, or other industrial action;
e. Widespread failures of public infrastructure, including electrical grids, telecommunication networks, or internet service providers; and
f. Epidemics, pandemics, public health emergencies, or quarantine restrictions.
Effect of Force Majeure. Upon the occurrence of a Force Majeure Event, the Agency's obligations under these Terms shall be immediately suspended for the duration of the event. The Agency shall be excused from, and shall not be liable for, any delay or failure in performance resulting from such an event.
Obligation to Mitigate. The Agency will use commercially reasonable efforts to notify you of the Force Majeure Event and to resume performance as soon as reasonably practicable once the event abates or is resolved. The time for performance shall be extended for a period equal to the duration of the Force Majeure Event.
No Waiver of Payment Obligations. You acknowledge and agree that your obligation to pay all undisputed fees that accrued prior to the Force Majeure Event remains in full force and effect and is not suspended, excused, or waived as a result of the Force Majeure Event.
Definition of Material Breach: Any violation of these Terms, the Privacy Policy, or any other incorporated policy constitutes a material breach of your agreement with Wellness & Care Connection LLC (the "Agency").
For clarity, the following actions will be considered material breaches:
a. Non-Payment: Failure to pay any fees owed to the Agency in full and on time;
b. Fraud & Misrepresentation: Submitting false, fraudulent, or misleading information (including fake leads or business credentials);
c. Platform Misuse: Using the Platform for any unlawful purpose or in a manner that interferes with its operation or other users' enjoyment;
d. Intellectual Property Infringement: Infringing upon the Agency's or any third party's intellectual property rights;
e. Violation of Laws: Violating any applicable law, rule, or regulation in connection with your use of the Platform;
f. Misuse of Lead Data: Using any Lead information in violation of these Terms, the Privacy Policy, applicable privacy laws, or in any manner not expressly permitted by the Agency, including unauthorized sharing, resale, or contacting Leads in a way that may be considered unlawful, harassing, or deceptive.
g. Non-Circumvention: Attempting to bypass the Platform, avoid payment for Leads, share Lead data with third parties, or otherwise use Lead information in any manner not expressly authorized under these Terms.
h. Reputational Harm: Engaging in any conduct that damages or attempts to damage the Agency’s business reputation, including making false statements, defamatory comments, or misrepresenting the nature or performance of the Platform or the Leads provided.
Upon your material breach, the Agency reserves the right, in its sole and absolute discretion and without prior notice or liability to you (unless otherwise required by law), to take any one or more of the following actions:
a. Immediately suspend, restrict, or permanently terminate your account and your access to the Platform and Services;
b. Withhold, cancel, suspend, or cease the delivery of any pending or future Leads, services, notifications, or payments;
c. Remove, disable access to, or delete any of your content, data, or communications from the Platform;
d. Block or restrict your IP address, device, account credentials, or future registration attempts;
e. Retain, offset, or apply any fees or funds otherwise payable to you to satisfy amounts you owe to the Agency or damages caused by your breach;
f. Deny reinstatement to the Platform or Services after suspension or termination;
g. Enforce a no-refund policy with respect to any fees paid or due prior to the breach; and
h. Pursue any and all legal and equitable remedies, including monetary damages, injunctive relief, and recovery of attorneys’ fees and costs.
Cumulative Remedies: All remedies available to the Agency under these Terms are cumulative and non-exclusive. Exercising one remedy does not limit the Agency’s right to pursue others, whether under contract, statute, equity, or common law. The Agency specifically reserves the right to seek injunctive relief (equitable remedies) to prevent unauthorized use of its services or intellectual property.
No Liability for Actions Taken: You agree that the Agency shall not be liable to you or to any third party for any loss, damage, cost, or expense (including without limitation lost profits, opportunities, or goodwill) arising from or relating to any suspension, restriction, investigation, or termination of your account, or any other actions taken by the Agency under this Section.
You agree to indemnify, defend, and hold harmless Wellness & Care Connection LLC (the "Agency"), its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, damages, losses, liabilities, judgments, fines, penalties, costs, and expenses (including, without limitation, reasonable attorneys' fees, court costs, and investigation expenses) (collectively, "Losses") arising out of or relating to:
a. Your use or misuse of the Platform or Services;
b. Your breach or alleged breach of these Terms, the Privacy Policy, or any applicable law, rule, or regulation;
c. Your violation of any third-party right, including any intellectual property, privacy, or publicity right;
d. Any claim by a Lead arising from your services, conduct, or communications (if you are a Spa Associate);
e. Any claim by a Spa Associate arising from your interactions or communications (if you are a Lead);
f. Your submission of any content that is fraudulent, defamatory, or infringing; and
g. Your negligence or willful misconduct.
Defense and Control: The Agency reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with the Agency in the defense of any such claim. You will not settle any claim that affects the Agency's rights or imposes any obligation on the Agency without the Agency's prior written consent.
The following provisions of these Terms, and any other provisions that by their nature are intended to survive termination or expiration, shall remain in full force and effect after any termination of your account, suspension of the Services, or cessation of your use of the Platform:
a. Payment Obligations (all fees owed up to the termination date);
b. Intellectual Property Rights (Sections related to ownership and licenses);
c. Limitation of Liability and Disclaimers;
d. Indemnification (Section C of this Clause 13);
e. Governing Law, Jurisdiction, and Dispute Resolution; and
f. General Legal Provisions (such as Severability, Entire Agreement, etc.).
No Release from Accrued Obligations: Termination of your access does not relieve you of any obligations or liabilities that accrued prior to termination, including the payment of all outstanding fees, charges, and penalties. Your duty to indemnify the Agency as set forth in Section C of this Clause specifically survives and continues to apply to claims arising from your pre-termination actions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU (WHETHER A SPA ASSOCIATE OR A LEAD) HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, ACQUIT, AND FOREVER DISCHARGE WELLNESS & CARE CONNECTION LLC (THE “AGENCY”), ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
The Agency shall not be liable for losses arising out of or related to:
a. Your use of, or inability to use, the Platform or Services;
b. Any interaction, transaction, or dispute between you and any other user (whether a Spa Associate or a Lead);
c. Any content, information, or communications posted, transmitted, or accessed on the Platform by any third party;
d. Any services rendered by a Spa Associate or your reliance on information obtained through the Platform;
e. Any unauthorized access to or use of your account or data; and
f. Any actions, omissions, or representations made by a Spa Associate or a Lead, including negligence, misconduct, or service-related issues.
g. Non-Circumvention: Attempting to bypass the Agency to contact or serve Leads directly.
THIS RELEASE SHALL NOT APPLY TO CLAIMS THAT DIRECTLY RESULT FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE AGENCY OR ITS AUTHORIZED AGENTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ANY AND ALL RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known, would have materially affected the settlement with the debtor or released party.
THIS WAIVER APPLIES TO ANY SIMILAR LAW, RULE, OR DOCTRINE IN ANY OTHER JURISDICTION.
This Release of Liability is a complete and unconditional release of all liability to the maximum extent permitted by law. It survives: a. The termination or suspension of your account, b. Your cessation of use of the Platform, and c. The expiration or termination of these Terms.
Wellness & Care Connection LLC (the “Agency”) reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate your access to or use of the Platform or Services (in whole or in part) at any time, for any reason or for no reason, with or without notice, except where prohibited by law.
Statement of Intent: While the Agency maintains this broad right, we typically exercise it only when necessary to protect the integrity of the Platform, comply with legal obligations, or address a material breach of these Terms, as further detailed below.
Without limiting the foregoing, the Agency may immediately suspend or terminate your account for cause if it determines, in its sole judgment, that you have committed a material breach, including:
Compliance Failure: Violated any provision of these Terms, the Privacy Policy, or any applicable law or regulation.
Fraud or Misconduct: Engaged in fraudulent, deceptive, or illegal activity.
Non-Payment: Failed to pay any fees or charges when due and have not cured such failure within [e.g., 5] business days after receiving written notice from the Agency.
Misrepresentation: Provided false, inaccurate, or misleading information.
Platform Harm: Engaged in conduct that could harm, disable, overburden, or impair the Platform or interfere with any other user's enjoyment of it.
IP Infringement: Infringed the intellectual property or other rights of the Agency or a third party.
Excessive Risk: Otherwise posed a risk or potential liability to the Agency, other users, or third parties.
Lead Misuse (Circumvention): Misused, shared, sold, reassigning, or redistributed Leads, including contacting them outside the agreed time, geographic area, or business purpose.
The Agency may also temporarily suspend access to the Platform for maintenance, upgrades, security reasons, or operational needs, and such suspension does not constitute a breach by the Agency.
The Spa Associate may terminate their account and discontinue use of the Platform at any time by providing written notice to the Agency via email to the designated contact address. Termination will be processed within a reasonable period after our confirmation.
Leads and general users may terminate their account at any time by using the account closure functionality within the Platform or by submitting a written request to the designated contact email. The account will be deactivated upon verification.
Upon termination, your right to access and use the Platform and Services will cease immediately.
Termination, regardless of who initiates it or the reason, does not entitle you to any refund, credit, or compensation for any unused subscription time, pre-paid Leads, or any other aspect of the Services. All fees paid to the Agency are final and non-refundable.
Outstanding Payments: All amounts owed for previously delivered Leads or Services become immediately due and payable upon termination.
Survival of Obligations: Termination does not relieve you of any obligations that arose prior to termination, including payment obligations and indemnification duties. Any provision of these Terms that, by its nature, should survive termination, shall survive as further detailed in Section 13.D (Survival).
Following termination, the Agency may retain account data, financial records, and business information as necessary to comply with legal obligations, resolve disputes, and enforce these Terms.
1. Duration for Business Purposes: For the purpose of resolving disputes and enforcing these Terms (including Non-Circumvention), the Agency will generally retain records of the contractual relationship, transaction history, and account identity for a period of up to twenty-four (24) months following the effective date of account termination or suspension. This retention period is specific to compliance and enforcement records against the terminated party and does not override shorter retention periods that may be disclosed in the Privacy Policy for raw consumer Lead data.
2. Legal Compliance Exception: Notwithstanding the above, the Agency will retain data for any duration required by law (such as tax records), or as necessary to address an ongoing legal or regulatory matter, which may require retention beyond the 24-month period.
The Platform may contain links, integrations, referrals, advertisements, or other references to websites, applications, products, services, or content provided, operated, or controlled by third parties (collectively, “Third-Party Resources”). These references are made available solely for your convenience. The Agency does not own, operate, or control any Third-Party Resource and provides access to them on an “as-is” basis.
You acknowledge and agree that Wellness & Care Connection LLC (the “Agency”):
Does not endorse, recommend, sponsor, verify, or assume responsibility for any Third-Party Resource;
Has no control over the content, policies, practices, availability, accuracy, legality, functionality, or security of any Third-Party Resource; and
Makes no warranties or representations, express or implied, regarding any Third-Party Resource or any products, services, or information obtained through it.
The inclusion of any Third-Party Resource does not constitute an endorsement or affiliation.
Access to or use of any Third-Party Resource is undertaken entirely at your own risk. You acknowledge and agree that you are solely responsible for:
Reviewing, understanding, and agreeing to all applicable terms of use, privacy policies, disclosures, data practices, and any other contractual conditions imposed by the Third-Party Resource;
Ensuring that all interactions, communications, and transactions with such third parties are lawful, appropriate, secure, and compliant with any applicable regulatory or professional obligations; and
Any relationship, transaction, communication, dispute, or obligation that arises between you and any third party. All such matters are strictly and exclusively between you and the third party.
For clarity, the Agency is not a party to, does not oversee, and shall bear no responsibility or liability for any dealings, transactions, interactions, outcomes, or disputes involving Third-Party Resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGENCY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COST, OR CLAIM OF ANY KIND including, without limitation, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO:
Your access to, use of, inability to use, or reliance on any Third-Party Resource;
Any actions, omissions, representations, content, products, or services provided by any third party; or
Any transaction, interaction, communication, or dispute between you and any Third-Party Resource.
For clarity, the Agency expressly disclaims all responsibility and liability for the acts, errors, omissions, content, conduct, or representations of any third party or Third-Party Resource.
You agree to indemnify, defend, and hold harmless the Agency and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
Your access to or use of any Third-Party Resource;
Your interactions, transactions, or relationships with any third party; or
Any dispute, claim, or demand made by a third party arising from or connected to your actions or omissions in relation to a Third-Party Resource.
This indemnification obligation applies regardless of whether such claims arise in contract, tort, equity, statute, or otherwise, and survives your use of the Platform.
Wellness & Care Connection LLC (the "Agency") reserves the right, at its sole discretion and at any time, to:
Modify, update, or change the Platform, its features, functionality, or user interface;
Modify these Terms, the Privacy Policy, or any other Agency policy;
Adjust pricing, fees, subscription plans, or payment terms;
Suspend, limit, or restrict access to the Platform or any part of it, temporarily or permanently; or
Discontinue the Platform or any Service, permanently.
The Agency will use commercially reasonable efforts to provide notice of significant changes to the Platform, paid Services, or these Terms. Notice may not be feasible for urgent operational, security, or legal compliance reasons.
Your continued use of the Platform or Services after any change constitutes your acceptance of such change. If you do not agree with a modification, your sole remedy is to discontinue use of the Platform and request closure of your account through the standard account-termination procedures.
Any modifications to pricing or fees will apply prospectively to future billing cycles or subscription renewals. Continued use of a paid Service following notice of a fee change constitutes your agreement to pay the updated amount.
If the Agency permanently discontinues a Service for which you have prepaid, it may, at its sole discretion, provide a pro-rata refund for the unused portion. Any such refund constitutes your sole and exclusive remedy related to the discontinuation.
You are solely responsible for reviewing updates to the Platform, Services, and Terms. Failure to review changes does not excuse compliance with the most current version.
To the fullest extent permitted by law, the Agency and its affiliates shall not be liable for any loss, damage, or consequence (including lost data, revenue, or business opportunities) arising from any modification, suspension, limitation, or discontinuation of the Platform or Services. For additional limitations of liability, see Section 12 (Service Interruptions, Accessibility, and Force Majeure).
Wellness & Care Connection LLC (the “Agency”), Spa Associates, and Users are independent contracting parties. Nothing in these Terms shall be construed as creating any partnership, joint venture, agency, employment, fiduciary, franchise, or other special relationship between the Agency and any Spa Associate or User.
Neither Spa Associates nor Users have any authority (actual, apparent, or implied) to bind, commit, contract for, negotiate on behalf of, or otherwise obligate the Agency in any manner. Any representation or attempt to do so is strictly unauthorized, void, and without effect.
The Agency operates solely as a technology platform and marketing intermediary that facilitates lead-generation and related services. The Agency:
Does not supervise, direct, control, employ, or manage Spa Associates, their personnel, or the manner in which they provide any services;
Does not provide—and is not responsible for providing—any spa, wellness, therapeutic, or professional services, nor does it verify the professional qualifications or licensure status of any Spa Associate;
Does not endorse, guarantee, verify, or warrant the quality, safety, availability, pricing, experience, outcomes, or conduct of any Spa Associate or User, nor any service they may offer or perform; and
Is not a party to—and expressly disclaims any and all responsibility or liability arising from—any agreements, transactions, communications, representations, or disputes between Spa Associates and Users, including without limitation any issues related to services rendered, payments, scheduling, performance, or outcomes.
The Agency does not owe, and shall not be deemed to owe, any fiduciary duties to any Spa Associate or User, including but not limited to duties of loyalty, care, or confidentiality. The relationship is strictly contractual as defined by these Terms.
You, whether a Spa Associate or a User, understand, acknowledge, and agree that:
You are solely responsible for your own business operations, decisions, compliance with applicable laws and regulations, tax obligations, required licenses or permits, insurance coverage, and professional conduct;
You access and use the Platform—and interact with other users—solely at your own risk, including any communications, transactions, or engagements initiated through the Platform; and
The Agency shall not be liable for the acts, omissions, representations, services, communications, disputes, outcomes, or conduct of any Spa Associate or User, whether arising in connection with the Platform or otherwise.
These Terms, the Platform, the Services, and any dispute, claim, or controversy arising out of or relating thereto (each, a “Dispute”) shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of the arbitration provisions in this Section.
Before initiating arbitration or any other formal proceeding, you agree to attempt to resolve the Dispute informally by submitting a written notice (“Dispute Notice”) to info@findyourlocalspa.com. The Dispute Notice must include your name, contact information, a detailed description of the Dispute, and the specific relief sought. Both parties agree to negotiate in good faith for thirty (30) days after the Dispute Notice is received. The Agency may bypass this informal process only to seek injunctive relief as described in Section H or to file an individual small-claims action.
If the Dispute is not resolved informally, you and the Agency agree to resolve the Dispute exclusively through final, binding, individual arbitration, except as permitted under Section H. Arbitration replaces the right to go to court or have a jury trial.
Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, as modified by this Section. For individuals acting primarily as consumers (Leads), any mandatory provisions of the AAA Consumer Arbitration Rules shall apply to the extent they conflict with the Commercial Rules.
The arbitration shall be conducted by a single arbitrator.
Arbitration Location for the Agency and Spa Associates (B2B):
Any arbitration initiated by the Agency or by a Spa Associate shall be held exclusively in Austin, Travis County, Texas, or via video conference if appropriate.
Arbitration Location for Leads and General Users (B2C):
If a Lead or General User initiates the arbitration, the hearing shall be held either in:
Austin, Travis County, Texas; or
The county and state where that Lead or General User resides at the time the claim is filed, provided that the AAA has an office or approved venue in that location.
The arbitrator’s award shall be final and binding, and judgment may be entered in any court of competent jurisdiction. The arbitrator may award relief only on an individual basis and only to the extent necessary to resolve the individual Dispute.
If the Agency initiates arbitration, it will pay all AAA filing, administration, and arbitrator fees. If you initiate arbitration, you must pay the filing fee; however, the Agency will reimburse this fee if your claim is under $10,000, unless the arbitrator finds the claim frivolous. Each party is responsible for its own attorneys’ fees unless applicable law permits an award of such fees.
YOU AND THE AGENCY WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. All Disputes must be arbitrated (or litigated where arbitration is not required) only on an individual basis. If a court determines that this class-action waiver is unenforceable as to a particular claim, that claim may proceed in court, but the remaining claims shall be arbitrated.
This Section does not require arbitration of:
Individual claims filed by either party in small claims court; and
Claims filed by the Agency seeking injunctive or equitable relief to protect its intellectual property, confidential information, trade secrets, or security interests.
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES, OR THE CLAIM IS PERMANENTLY BARRED. You expressly waive any longer statute of limitations.
For any Dispute permitted to proceed in court (other than small claims), both parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas, and waive any objection based on inconvenience or improper venue. This Section shall be interpreted broadly, consistent with the FAA, and to the fullest extent permitted under applicable federal and Texas law.
Any feedback, suggestions, ideas, or other unsolicited submissions you provide to Wellness & Care Connection LLC (the "Agency") regarding the Platform or Services (collectively, "Feedback") are provided voluntarily, on a non-confidential basis, and without any expectation of payment or compensation. You acknowledge that the Agency is not under any obligation to treat Feedback as confidential.
To the extent you own any rights in the Feedback, you hereby irrevocably assign to the Agency all worldwide right, title, and interest in and to such Feedback, including all intellectual property rights. You irrevocably waive any and all moral rights or similar rights you may have in the Feedback to the fullest extent permitted by law. You agree to execute any documents necessary to perfect this assignment.
If the assignment above is not fully effective for any reason, you grant the Agency a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, create derivative works from, publicly perform, and otherwise exploit the Feedback for any purpose.
The Agency has no obligation to review, consider, or implement any Feedback, and may use or not use any Feedback in its sole discretion without any liability to you. You acknowledge that the Agency may independently develop materials similar to the Feedback, and nothing in this Section limits the Agency’s right to do so.
You irrevocably waive any and all claims you may have now or in the future relating to the Agency's use of any Feedback, including claims for compensation, infringement of any rights (including intellectual property or moral rights), unjust enrichment, or breach of confidence.
These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Wellness & Care Connection LLC (the "Agency") regarding the Platform and supersede all prior or contemporaneous agreements, representations, and understandings.
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation hereof is void. The Agency may freely assign, transfer, or delegate these Terms in connection with a merger, acquisition, sale of assets, or by operation of law, without your consent.
For general questions, support, or non-legal inquiries related to the Platform or Services, you may contact Wellness & Care Connection LLC (the “Agency”) at:
Email: info@findyourlocalspa.com
Mailing Address: Wellness & Care Connection LLC 5900 Balcones Drive, Suite 100 Austin, TX 78731 United States
To Us (Legal Notice): Any formal legal notice required or permitted under these Terms (including notices regarding disputes, breaches, or intellectual property claims) must be submitted in writing to the Agency's designated legal contact, using the address listed in Section 21.A and addressed as follows:
Attn: Legal Department, Wellness & Care Connection LLC with a courtesy copy via email to: info@findyourlocalspa.com
To You (Electronic Notice): We may provide notices electronically via the Platform or to the email associated with your account. Such notices are deemed received when sent (as further defined in a separate section of these Terms).
Deemed Delivery: Notices sent by email shall be deemed delivered upon transmission, unless the sender receives a bounce-back or similar failure notice.
The Agency will use commercially reasonable efforts to respond to legitimate inquiries submitted to its general contact email. However, the Agency does not guarantee any specific response time or outcome. The Agency reserves the right to decline responses to inquiries that are abusive, repetitive, irrelevant, or made in bad faith.
All communications directed to the Agency under or relating to these Terms must be written in English. Communications submitted in any other language may be disregarded, and the Agency has no obligation to translate or respond in a language other than English.