Last updated: Mar 24, 2025, 11:54 AM
A. Binding Contract. 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, multi-step matching forms, and related lead generation services (collectively, the "Platform").
B. Acceptance & Interaction. By accessing the Platform, interacting with our multi-step service, or submitting information, you: Acknowledge that you have read and understood these Terms and our Privacy Policy; Agree to be bound by them and to comply with all applicable laws; and 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.
C. User Categories. 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's multi-step matching process to seek or inquire about spa and wellness services. References to "you" or "User" apply to the relevant category.
A. Nature of the Platform and Agency's Limited Role. Wellness & Care Connection LLC (the "Agency") operates a proprietary multi-step matching 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 lead generation and matching 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. Data Collection through Multi-Step Interaction. Your use of the Platform is governed by our Privacy Policy. By interacting with our multi-step intake forms, you acknowledge and agree: Information from Leads: We collect personal identifiers (Name, phone, email, Zip code) and Activity Data (IP address, interactions with the steps) provided during the matching process. Lead Referral as "Sharing": Sharing this information with Spa Associates to facilitate your request may be considered a "sale" or "sharing" of personal data under certain privacy laws. Spa Associate Verification: We collect professional licensing and business details to verify eligibility, but we do not validate individual staff credentials.
C. No Guarantee of Results or Lead Accuracy. No Business Outcome Guarantees: The Agency makes no guarantees regarding conversion rates, sales, or profit for Spa Associates. Fees are based on lead delivery, not business results. Lead Verification Disclaimer: While the Agency may use email verification or phone validation steps, it does not guarantee the elimination of fraudulent submissions. Lead data is consumer-provided and may be inaccurate, outdated, or fraudulent. No Liability for Data: The Agency shall not be liable for misrepresentations in Lead information or business decisions made in reliance on such data.
D. Spa Associate's Obligations. Spa Associates are exclusively responsible for: Maintaining all required licenses and insurance to operate legally in Texas. Complying with all privacy and consumer protection laws when contacting Leads. Ensuring all services meet professional standards.
E. User/Lead Responsibilities. Due Diligence: Users are solely responsible for verifying the credentials of any Spa Associate before booking. Non-Medical Nature: The Platform is for non-medical wellness services only. Consult healthcare professionals for medical needs.
F. Disclaimer of Warranties. THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE AGENCY DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
G. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGENCY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE MATCHING SERVICE.
H. MAXIMUM LIABILITY CAP. THE AGENCY'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: ONE HUNDRED US DOLLARS ($100.00) OR THE TOTAL FEES PAID BY THE USER/SPA ASSOCIATE IN THE PREVIOUS 12 MONTHS.
A. Eligibility, Registration, and Account Security. 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. Providing false, misleading, outdated, or unverifiable information constitutes a material breach and may result in immediate suspension or termination of the account. 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 registration for non‑compliance with these Terms of use or any applicable law, rule, or regulation.
B. Free Trial Terms. Qualified new Spa Associates may be offered a fifteen (15) day Free Trial of the lead generation services ("Free Trial"). The Free Trial is subject to the following binding terms: Eligibility: Strictly limited to first‑time clients. Only one Free Trial per legal business entity and per unique physical business location is permitted. 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 transferred to any third party. Post‑Trial Access: Continued access requires 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, Spa Associates consent to receive administrative and service‑related communications from the Agency, including via email and SMS (where permitted by law). Termination: The Agency reserves the right, in its sole discretion, to terminate or suspend the Free Trial and associated account immediately, without notice, for: a. Suspected misuse of the Platform or services; b. Any fraudulent activity; or c. Any violation of these Terms.
C. Paid Services, Dynamic Pricing, and Payment Terms. By opting into any paid service, Spa Associates agree to the following binding terms: Dynamic Pricing & Fee Disclosure: a. Lead pricing, subscription fees, and assignment rates are dynamic and may fluctuate based on geographic location, service category, market demand, advertising platform costs, and competitive bidding. b. Applicable fees will be clearly disclosed prior to any financial commitment. c. Acceptance of a subscription or lead purchase constitutes ongoing agreement to the then‑current, disclosed fee. 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 via registered email or SMS. The timestamp generated by the Agency's systems shall constitute conclusive evidence of delivery and trigger the corresponding payment obligation. Pricing Adjustments: The Agency reserves the right to modify pricing models, fee structures, or service tiers at any time. Payments and Third‑Party Providers: Payments are processed by third‑party providers. Suspension, Termination, and Ongoing Liability: To suspend or terminate receipt of leads, Spa Associates must send written notice to the Agency's designated email address. Spa Associates remain fully liable for all fees associated with leads delivered until the Agency provides written confirmation of deactivation or termination. Fee generation ceases only after such confirmation. Incorporation of Disclaimers and Limitations: Spa Associates specifically acknowledge 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 are fully incorporated into this Agreement by reference and remain in full force and effect. Payment for services does not nullify or diminish the Agency's protections under these Terms.
A. Lead Generation Methodology. Primary Source of Leads: The Agency generates consumer leads ("Leads") primarily through paid online advertising campaigns (including pay‑per‑click advertising such as Google Ads). This method is designed to attract users with direct intent to seek spa and wellness services and to guide them through the Agency's multi‑step matching process, ensuring that Leads are connected efficiently and appropriately with Spa Associates. 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 originate from any specific platform or channel, nor does it guarantee any specific volume of Leads. Spa Associate's Consent: By using the Platform, the Spa Associate acknowledges and consents to the Agency's methods of lead generation and customer acquisition.
B. Content Liability and Passive Conduit Role. Informational Purpose & Passive Role: All promotional content, service descriptions, and brand references displayed on the Platform are provided for informational purposes only. The Agency acts solely as a passive conduit and interactive computer service for content submitted by Users and Spa Associates. The Agency does not create, endorse, or verify promotional content, service descriptions, or brand references. 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. Publication of content on the Platform does not constitute approval, endorsement, 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 compliance with: a. Advertising and marketing laws and regulations. b. Consumer protection laws (including prohibitions on deceptive trade practices). c. Professional and ethical standards of the spa and wellness industry. Intellectual Property Disclaimer: Any similarity between Spa Associate content and third‑party trademarks, logos, or intellectual property is purely coincidental. The Agency does not endorse, approve, or assume liability for such content, and its publication shall not be construed as affiliation, sponsorship, or partnership.
C. Content Moderation and Spa Associate Responsibility. Sole Responsibility for Content: Spa Associates are exclusively responsible for all text, images, claims, offers, and materials ("Content") they submit or display. This includes verifying accuracy, substantiating advertised claims, and ensuring compliance with these Terms and applicable laws. Content Standards: Spa Associates agree their Content will not: a. Be false, deceptive, misleading, or fraudulent. b. Infringe third‑party intellectual property, privacy, or publicity rights. c. Contain defamatory, obscene, harassing, or unlawful material. d. Constitute unfair or deceptive trade practices. e. Impersonate any person or entity or misrepresent affiliation. Agency's Right to Moderate: While the Agency has no obligation to pre‑screen or monitor Content, it reserves the right to: a. Review, reject, remove, or restrict access to Content at any time. b. Take action if Content violates these Terms, applicable law, or creates liability. c. Cooperate with law enforcement or court orders requiring disclosure of user identity. No Liability & Indemnification: The Agency shall not be liable for damages or claims arising from any Content or moderation actions. Spa Associates must indemnify the Agency against all claims arising from their Content.
D. Notice and Takedown Procedure (DMCA). Reporting Infringement: Copyright or trademark complaints must be submitted to: Email: info@findyourlocalspa.com Address: 5900 Balcones Drive, Suite 100, Austin, TX 78731, United States Attn: DMCA Agent. Required Information: A valid Takedown Notice must include: (a) Signature; (b) Identification of the infringed work; (c) Identification of infringing material (URL); (d) Contact info; (e) Good faith statement; (f) Accuracy statement under penalty of perjury. Agency's Actions: Upon receipt, the Agency will expeditiously remove or disable access to infringing content and notify the Spa Associate.
E. Platform Practices and Operational Limits. Operational Discretion: The Agency may establish limits on frequency, size, or format of submissions and storage capacity. No Obligation to Retain: The Agency is not a backup service. Content may be deleted or purged at any time without notice. No Liability for Data Loss: The Agency shall not be liable for loss of content due to maintenance or technical failures. Spa Associates are encouraged to maintain independent backups.
A. Communications with Spa Associates (B2B Consent). By registering for an account, using the Platform, or providing your contact information (including 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 these Terms of use and the services provided. This includes communications regarding account management, lead alerts, service updates, billing, security, and contract fulfillment. 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. Transaction‑Essential Messages: 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. Promotional Opt‑Out: You may opt out of receiving promotional or marketing communications (messages not directly related to the performance of your service relationship with the Agency) at any time via to: info@findyourlocalspa.com. Opting out of promotional communications will not affect your ability to receive essential service‑related notifications.
B. Lead Consent and Spa Associate Responsibility. Agency's Role in Obtaining Initial Consent: The Agency generates Leads exclusively through its online Platform and 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. Spa Associate's Sole Responsibility for Compliance: The Spa Associate acknowledges, agrees, and warrants that: 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. The Spa Associate is solely and exclusively responsible for ensuring that all subsequent communications with a Lead (including phone calls, SMS/text messages, emails, and follow‑ups) are conducted in full compliance with all applicable laws, including: a. Telephone Consumer Protection Act (TCPA) and its implementing regulations; b. CAN‑SPAM Act; c. Federal and state telemarketing, privacy, and consumer protection laws (including Do‑Not‑Call registries and data privacy laws such as the CCPA/Texas Privacy Laws); d. Professional and industry standards. Indemnification for Non‑Compliance: The Spa Associate shall indemnify, defend, and hold harmless the Agency (including its affiliates, officers, directors, and agents) from and against any and all claims, damages, losses, liabilities, costs, fines, penalties, and expenses (including attorneys' fees) arising out of or relating to any communication the Spa Associate has with a Lead, including alleged violations of the TCPA, CAN‑SPAM Act, or any analogous state law.
C. General Disclaimers. 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.
A. Incorporation of Privacy Policy. The Agency's Privacy Policy, as published on the Platform, is incorporated into these Terms of use by reference and applies solely to Leads and visitors of the Platform. Nothing in the Privacy Policy alters the Spa Associate's independent obligations under this Section. Any violation of the Privacy Policy that affects Lead data constitutes a material breach of these Terms.
B. Spa Associate Responsibilities for Lead Data. Upon receiving Lead information through the multi‑step matching process, 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 related to the collection, storage, and processing of personal data, including, without limitation, the CCPA, Texas Data Privacy laws, 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. Implementing and maintaining appropriate administrative, physical, and technical safeguards to protect Lead data in your possession or control.
C. Mandatory Data Retention and Deletion Requirements. 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 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.
D. Data Security Disclaimer. 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.
E. Consumer Privacy Rights. 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.
A. Reference to Binding Provisions. The parties expressly agree that the detailed and definitive terms governing Governing Law, Jurisdiction, Mandatory Binding Arbitration, Class Action Waiver, and Exceptions to Arbitration for any Dispute arising under these Terms—including disputes related to the multi‑step matching process—are set forth exclusively in Clause 19 (Governing Law; Dispute Resolution; Binding Arbitration) of this Agreement.
B. Effect of Reference. 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.
A. License and Permitted Use. Grant of License: Subject to compliance with these Terms, Wellness & Care Connection LLC (the "Agency") grants Spa Associates a limited, non‑exclusive, non‑transferable, non‑sublicensable, and revocable license to access and use the Platform (including its website, software, and documentation) solely for internal business purposes to receive and manage leads through the multi‑step matching process. Permitted Use: Usage must be lawful, conducted only through your authorized account, and solely for participation in the Agency's lead generation program. Explicit Prohibitions: You shall not: a. Copy, modify, reverse engineer, decompile, or disassemble any aspect of the Platform. b. Use the Platform to build a competitive product or service or for benchmarking. c. Interfere with, disrupt, or overload the Platform's integrity or performance. d. Attempt unauthorized access to accounts, systems, or networks. e. Use automated systems ("bots," "scrapers") to bypass matching steps or extract lead data. f. Sell, sublicense, transfer, or commercially exploit the Platform or your access rights. g. Use the Platform to store, transmit, or process unlawful, infringing, or malicious content. License Termination: The Agency may suspend or terminate access immediately if you breach these Terms or engage in unauthorized use.
B. Prohibited Conduct. You agree not to use the Platform for any unlawful, unauthorized, or prohibited purpose. Specifically, you shall not: Misrepresent or defraud: Provide false, misleading, or deceptive information (including false lead data). Upload malicious code: Introduce viruses, worms, or harmful technology. Harass or abuse: Submit illegal, obscene, defamatory, or threatening content. Exploit data: Use Platform data or leads to build/support a competing service or solicit outside the Platform. Circumvent security: Bypass or interfere with security mechanisms or content‑filtering systems. Consequences: Any violation may result in immediate suspension or termination of your account, with all other legal remedies reserved.
C. Content Submission and License Grant. Content from Leads: Consumers grant the Agency a worldwide, perpetual, irrevocable, royalty‑free, sublicensable, and transferable license to use reviews, testimonials, ratings, or other content for marketing, promotion, and service improvement. Content from Spa Associates: By submitting logos, photos, descriptions, or business information, Spa Associates grant the Agency a worldwide, royalty‑free, non‑exclusive, sublicensable license to use and distribute such content for operating, marketing, and promoting the Platform (including advertising and social media). Representations & Warranties: Spa Associates warrant that they own or have rights to submitted content, that it is accurate and truthful, and that it does not violate third‑party rights or laws. Agency's Right to Moderate: The Agency may monitor, edit, remove, or restrict content at its discretion. No Agency Liability: The Agency disclaims liability for any content submitted by Leads or Spa Associates.
D. Platform as a Marketplace; Reviews and Third‑Party Interactions. Nature of Platform: The Agency operates as a technology‑enabled marketplace connecting Spa Associates and Leads. The Agency does not employ Spa Associates, supervise transactions, or set pricing. Disclaimer of Endorsement: Reviews and ratings are the sole responsibility of the poster. The Agency does not endorse or guarantee accuracy. Mutual Release: To the fullest extent permitted by law, all users release and hold harmless the Agency from claims or damages arising from user content, reliance on information, interactions, or services rendered. Content Moderation Rights: The Agency may remove or refuse content deemed unlawful, offensive, or objectionable.
E. Intellectual Property Ownership. Ownership: The Platform, including its multi‑step logic, features, and functionality, is owned by Wellness & Care Connection LLC and protected by copyright, trademark, patent, and trade secret laws. Limited License: You are granted only a revocable license to access Agency IP as expressly permitted. No Transfer of Rights: Use of the Platform does not grant ownership or rights to Agency IP. Respect for Third‑Party IP: The Agency complies with the Digital Millennium Copyright Act (DMCA) and responds to valid infringement notices.
F. DMCA (Copyright) Notice and Takedown Procedure. Designated Agent: Wellness & Care Connection LLC Attn: DMCA Agent / Patricio Díaz Address: 5900 Balcones Drive, Suite 100, Austin, TX 78731, United States Email: info@findyourlocalspa.com. Valid Notice Requirements: A DMCA takedown notice must include: Signature of the authorized person; Identification of the copyrighted work; Identification of infringing material with location details; Contact information of the complainant; Good faith statement that use is unauthorized; Accuracy statement under penalty of perjury.
A. Audience and Scope. This Section applies exclusively to individuals using the Platform's multi-step matching process to inquire about spa or wellness services ("Leads" or "Consumers").
B. Non-Medical Nature of Platform; No Professional Advice. Informational Purposes Only: The Platform and its matching steps are for general informational and lead-generation purposes only. NO MEDICAL ADVICE: WELLNESS & CARE CONNECTION LLC DOES NOT PROVIDE MEDICAL, HEALTH, OR THERAPEUTIC ADVICE. The Content and the questions asked during the matching process do not constitute medical advice and must not be used to diagnose or treat any condition. No Professional Endorsement: The Agency does not verify the medical competency of Spa Associates. You are solely responsible for evaluating whether a provider meets your health requirements.
C. Your Responsibility to Seek Professional Care. You acknowledge that it is your sole responsibility to consult with a licensed healthcare professional before undergoing any treatment. Never disregard professional medical advice because of information obtained through this Platform.
D. Nature of Services and Independent Provider Relationship. Independent Providers: Spa Associates are not employees or agents of the Agency. They are independent businesses responsible for their own safety protocols and compliance. Agency's Limited Role – Marketing Conduit: The Agency provides the digital infrastructure for matching. We do not supervise or control any spa services, nor do we warrant the safety or effectiveness of a Spa Associate's treatments. No Liability for Outcomes: The Agency shall not be held liable for any injuries, allergic reactions, or dissatisfaction arising from services provided by a Spa Associate.
E. User and Lead Responsibility and Assumption of Risk. Sole Responsibility: Users are responsible for communicating any health concerns or allergies to the Spa Associate prior to service. Assumption of Risk: By using the services of a Spa Associate, you expressly assume all risks, including personal injury or adverse outcomes. Release: You hereby release and hold harmless the Agency from any claims arising from your reliance on Platform information or services rendered by a Spa Associate.
F. Spa Associate's Duty to Disclose. Obligations: The Spa Associate warrants they will obtain all health and safety information from Leads before rendering services. Indemnification: The Spa Associate shall indemnify the Agency against any claims arising from the Associate's failure to provide proper health screenings or disclosures.
G. LIMITATION OF LIABILITY FOR HEALTH AND SAFETY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGENCY SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INJURY, OR HARM ARISING FROM: ANY SERVICE RENDERED BY A SPA ASSOCIATE; ANY NEGLIGENCE OR MISCONDUCT BY A SPA ASSOCIATE; ANY INACCURATE HEALTH DISCLOSURES BY A SPA ASSOCIATE; OR YOUR RELIANCE ON THE MULTI-STEP MATCHING PROCESS TO SELECT A PROVIDER.
A. State‑Specific Consumer Privacy Rights (CCPA, CPRA, Texas & Others). Residents of certain U.S. states (including California, Texas, 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: Right to Access/Know: Request confirmation of processing and obtain a copy of your personal information in a portable format. Right to Correct: Request correction of inaccurate personal information. Right to Delete: Request deletion of your personal information, subject to legal exceptions (e.g., transactional records). Right to Opt‑Out: Opt‑out of the "sale" or "sharing" of personal information for targeted advertising or cross‑context behavioral advertising. Right to Limit Use of Sensitive Data: Direct us to limit use/disclosure of sensitive personal information to what is strictly necessary. Right to Non‑Discrimination: You will not receive discriminatory treatment for exercising your privacy rights. How to Exercise Rights: Submit a verifiable request via the Your Privacy Rights link in our footer or email info@findyourlocalspa.com. We will acknowledge requests within 10 business days and respond within the timeframes required by law (typically 45 days). Limitations & Appeals: Requests may be denied if identity cannot be verified, if excessive, or if fulfilling would infringe on others' rights or legal obligations. Certain state laws grant a right to appeal if a request is denied; instructions will be provided where applicable. You may designate an authorized agent to act on your behalf, subject to proof of signed permission and identity verification. "Do Not Sell or Share My Personal Information": Eligible consumers may exercise this right via the dedicated link in the footer of our website.
B. Data Sharing for Business Purposes; Disclosure Regarding Sale/Sharing. Business Purpose Disclosure: The Agency discloses Lead information to Spa Associates selected by those Leads for the purposes of: a. Performing Services (connecting consumers with providers). b. Contractual Fulfillment (enabling Spa Associates to contact Leads with requested service information or quotes). Legal Classification: The Agency does not exchange personal information for monetary consideration as a traditional "sale." However, disclosure of Lead information to Spa Associates in exchange for a referral fee may be deemed a "Sale" or "Sharing" under the CCPA/CPRA. In recognition of this classification, the Agency honors the right to opt‑out of Sale/Sharing through the mechanism described above.
C. Children's Privacy. Platform Not for Children: The Platform is not intended for individuals under 13. We do not knowingly collect or maintain information from children. If we learn that we have collected data from a child under 13, we will delete it promptly. California Minors (Under 18): Registered users under 18 in California may request removal of content they have posted by emailing info@findyourlocalspa.com with "California Minor Content Removal" in the subject line. Removal does not guarantee complete deletion if: a. The content is anonymized; b. Other users have reposted it; or c. We are legally required to retain it. Parental Responsibility: Parents/guardians are solely responsible for monitoring their children's internet usage. The Agency may provide general information about third‑party parental control tools but does not endorse or guarantee such products.
A. Electronic Communications and Legal Notices. 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 ("Communications") from Wellness & Care Connection LLC (the "Agency") exclusively in electronic form. Your Consent to Electronic Communications: You consent to receive electronically: a. These Terms of Use and the Privacy Policy b. 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 g. Any other information related to your account or the Services. Methods of Delivery: The Agency may deliver Communications via: Posting within the Platform or account dashboard; Email sent to the address you provided; SMS/Text Message sent to your registered mobile number; In‑app or push notifications; Any other electronic contact method associated with your account. Disclaimer on Delivery: Message delivery is not guaranteed and may be delayed, filtered, blocked, or not delivered by carriers or third‑party providers. The Agency shall not be liable for failures, delays, or omissions in delivery. Legal Effect, Admissibility, and Timing of Delivery: Electronic Communications satisfy any legal requirement for "in writing" under applicable law (including the U.S. ESIGN Act) and have the same legal effect, validity, and enforceability as signed paper records. Waiver of Objection: You irrevocably waive objections to the use or admissibility of electronic records and signatures. Conclusive Evidence & Timing: The Agency's electronic records are conclusive evidence of content, sending, and delivery. A Communication is deemed legally delivered at the moment it is sent or posted, not when you access or read it. Withdrawing Consent & Paper Copies: You may withdraw consent by providing written notice. However, the Agency reserves the right to terminate your account immediately if you withdraw, as maintaining a non‑electronic relationship may not be feasible. The Agency may charge a reasonable fee for paper copies.
B. Spa Associate Responsibility for Account Information. Ongoing Obligation: Spa Associates are solely responsible for ensuring that all account profile information (business name, address, email, phone number) is accurate, current, and operational at all times. Agency Reliance & Deemed Delivery: a. The Agency may rely conclusively on the contact information you provide. b. Any Notice sent to your last provided contact point is deemed legally delivered on the date sent, regardless of whether you access or read it. c. The Agency has no duty to verify or update your contact information. Consequences of Inaccurate Information: Failure to maintain accurate information may result in: 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 d. Suspension or termination of your account for failure to respond to required communications. Assumption of Risk: You assume all risk and liability associated with failing to maintain accurate and current account information.
A. Service Availability and Interruptions. No Uptime Guarantee: The Agency strives to maintain a reliable Platform; however, we do not guarantee, represent, or warrant that access will be uninterrupted, timely, secure, error‑free, or free of viruses. Operation may be affected by factors outside our control. Causes of Interruption: You acknowledge the Platform may be unavailable or degraded due to: a. Scheduled or emergency maintenance, updates, or upgrades b. Technical failures of systems, servers, hardware, or software c. Third‑party hosting or telecom outages d. Actions or inactions by you or third parties e. Force majeure events (natural disasters, war, pandemics, government actions, civil unrest, labor disputes) f. Any other cause beyond the Agency's reasonable control. Maintenance and Updates: The Agency may perform maintenance or implement updates with or without notice, which may temporarily affect availability. Limitation of Liability: To the fullest extent permitted by law, the Agency shall not be liable for any loss, damage, or expense—including lost profits, lost data, or business opportunities—arising from: a. Any interruption, suspension, or delay affecting the Platform b. Any incompatibility between the Platform and your device, system, or browser c. Any failure or inadequacy of backup or disaster‑recovery systems.
B. Disclaimer of Warranties; "As Is" and "As Available". The Platform, Services, and all content are provided "AS IS" and "AS AVAILABLE", with all faults and defects, and without warranty of any kind. The Agency expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, title, and non‑infringement. Specific Disclaimers: The Agency makes no warranty that: a. The Platform will meet your requirements or achieve intended results b. Operation will be uninterrupted, timely, secure, or error‑free c. Any content or information obtained will be accurate, complete, or reliable d. Defects or errors will be corrected. Compatibility: 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 or systems.
C. Force Majeure. Definition: A Force Majeure Event includes acts or circumstances beyond the Agency's reasonable control, such as: a. Acts of God (natural disasters, fire, flood, extreme weather) b. War, invasion, terrorism, riot, or civil commotion c. Governmental actions (new laws, embargoes, sanctions) d. Strikes, lockouts, or labor disputes e. Widespread infrastructure failures (electrical grids, telecom networks, internet providers) f. Epidemics, pandemics, or public health emergencies. Effect: Upon a Force Majeure Event, the Agency's obligations are immediately suspended for the duration of the event. The Agency shall be excused from any delay or failure in performance. Obligation to Mitigate: The Agency will use commercially reasonable efforts to notify you and resume performance once the event abates. No Waiver of Payment Obligations: You remain liable for all undisputed fees accrued prior to the Force Majeure Event.
A. Breach of Terms. Definition of Material Breach: Any violation of these Terms, the Privacy Policy, or any incorporated policy constitutes a material breach of your agreement with Wellness & Care Connection LLC (the "Agency"). Examples of Material Breach (non‑exhaustive): a. Non‑Payment: Failure to pay fees owed 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 unlawfully or in a way that interferes with its operation or other users' enjoyment. d. Intellectual Property Infringement: Violating the Agency's or any third party's IP rights. e. Violation of Laws: Breaching any applicable law, rule, or regulation. f. Misuse of Lead Data: Using Lead information in violation of these Terms, the Privacy Policy, or privacy laws (including unauthorized sharing, resale, or harassing communications). g. Non‑Circumvention: Attempting to bypass the Platform, avoid payment for Leads, or share Lead data with third parties. h. Reputational Harm: Engaging in conduct that damages or misrepresents the Agency's business reputation.
B. Agency's Rights and Remedies Upon Breach. Immediate Remedial Actions: Upon material breach, the Agency may, in its sole discretion and without prior notice: a. Suspend, restrict, or terminate your account and access. b. Withhold, cancel, or cease delivery of Leads or services. c. Remove or disable access to your content or data. d. Block or restrict your IP address, device, or future registrations. e. Retain or offset fees to satisfy amounts owed or damages caused. f. Deny reinstatement after suspension or termination. g. Enforce a no‑refund policy for fees paid prior to breach. h. Pursue legal and equitable remedies, including damages, injunctive relief, and recovery of attorneys' fees. Cumulative Remedies: All remedies are cumulative and non‑exclusive. Exercising one does not limit the Agency's right to pursue others. No Liability for Actions Taken: The Agency shall not be liable for any loss, damage, or expense (including lost profits, opportunities, or goodwill) arising from suspension, restriction, or termination.
C. Indemnification. Your Obligation: You agree to indemnify, defend, and hold harmless the Agency, its affiliates, and their officers, directors, employees, agents, licensors, and service providers (collectively, the "Indemnified Parties") from and against any claims, damages, liabilities, penalties, costs, and expenses (including attorneys' fees) arising out of: a. Your use or misuse of the Platform or Services. b. Your breach of these Terms, the Privacy Policy, or any law. c. Your violation of third‑party rights (IP, privacy, publicity). d. Any claim by a Lead arising from your services, conduct, or communications. e. Any claim by a Spa Associate arising from your interactions or communications. f. Submission of fraudulent, defamatory, or infringing content. g. Your negligence or willful misconduct. Defense and Control: The Agency may assume exclusive defense of any matter subject to indemnification, at your expense. You must cooperate fully and may not settle any claim affecting the Agency's rights without prior written consent.
D. Survival. Provisions That Survive Termination: The following provisions remain in effect after termination: a. Payment obligations (fees owed up to termination). b. Intellectual Property rights and licenses. c. Limitations of liability and disclaimers. d. Indemnification obligations. e. Governing law, jurisdiction, and dispute resolution. f. General legal provisions (e.g., severability, entire agreement). No Release from Accrued Obligations: Termination does not relieve you of obligations accrued prior to termination, including outstanding fees and penalties. Your duty to indemnify the Agency survives termination and applies to claims arising from pre‑termination actions.
A. Mutual Release of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU (WHETHER A Spa Associate or 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, arising out of or in any way connected with: Your use of, or inability to use, the Platform or Services; Any interaction, transaction, or dispute between you and another user (Spa Associate or Lead); Any content, information, or communications posted, transmitted, or accessed on the Platform by third parties; Any services rendered by a Spa Associate or reliance on information obtained through the Platform; Any unauthorized access to or use of your account or data; Any actions, omissions, or representations made by a Spa Associate or Lead, including negligence, misconduct, or service‑related issues; Non‑Circumvention: Any attempt to bypass the Agency to contact or serve Leads directly. Limitation: This release shall not apply to claims that directly result from the gross negligence or willful misconduct of the Agency or its authorized agents.
B. Waiver of California Civil Code § 1542 and Similar Laws. IF YOU ARE A California resident, you expressly waive and relinquish any rights 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 (including Texas and other states).
C. Survival of Release. 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 c. The expiration or termination of these Terms.
A. Agency's Right to Terminate (At‑Will and For Cause). Termination At‑Will (Without Cause): Wellness & Care Connection LLC (the "Agency") reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate your access to 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, it typically exercises it only when necessary to protect the integrity of the Platform, comply with legal obligations, or address a material breach. Termination for Cause (Material Breach): The Agency may immediately suspend or terminate your account if, in its sole judgment, you have committed a material breach, including: Compliance Failure: Violating these Terms, the Privacy Policy, or applicable law. Fraud or Misconduct: Engaging in fraudulent, deceptive, or illegal activity. Non‑Payment: Failing to pay fees when due and not curing within five (5) business days after written notice. Misrepresentation: Providing false, inaccurate, or misleading information. Platform Harm: Conduct that harms, disables, or impairs the Platform or interferes with other users. IP Infringement: Infringing the Agency's or a third party's intellectual property rights. Excessive Risk: Posing a risk or potential liability to the Agency, users, or third parties. Lead Misuse (Circumvention): Misusing, sharing, selling, or redistributing Leads, including contacting them outside the agreed scope. Temporary Suspension: The Agency may temporarily suspend access for maintenance, upgrades, security, or operational needs, and such suspension does not constitute a breach.
B. Termination by Users. By Spa Associates: You may terminate your account at any time by providing written notice via email to the Agency's designated contact. Termination will be processed within a reasonable period after confirmation. By Leads or General Users: Leads may deactivate their account through the Platform's closure functionality or by submitting a written request to the Agency. Deactivation will occur upon verification.
C. Effect of Termination and Financial Survival. Cessation of Rights and No Refunds: Upon termination, your right to access and use the Platform ceases immediately. Termination does not entitle you to refunds, credits, or compensation for unused subscription time, pre‑paid Leads, or Services. All fees paid are final and non‑refundable. Financial and Legal Survival: Outstanding Payments: All amounts owed for previously delivered Leads or Services become immediately due and payable. Survival of Obligations: Termination does not relieve you of obligations accrued prior to termination, including payment obligations and indemnification duties. Provisions intended to survive termination remain enforceable, as detailed in Section 13.D (Survival).
D. Data Retention Post‑Termination. Business Purposes: The Agency may retain account data, financial records, and business information for up to twenty‑four (24) months following termination, for purposes of dispute resolution, compliance, and enforcement (including Non‑Circumvention). Legal Compliance Exception: The Agency will retain data for any duration required by law (e.g., tax records) or as necessary to address ongoing legal or regulatory matters, even beyond the 24‑month period.
A. Nature of Third‑Party Resources. The Platform may contain links, integrations, referrals, advertisements, or references to websites, applications, products, services, or content operated by third parties ("Third‑Party Resources"). These are provided solely for your convenience. The Agency does not own, operate, or control any Third‑Party Resource and provides access on an "as‑is" basis.
B. No Endorsement or Control by the Agency. You acknowledge and agree that Wellness & Care Connection LLC (the "Agency"): Does not endorse, recommend, sponsor, or verify any Third‑Party Resource. Has no control over the content, policies, practices, availability, accuracy, legality, functionality, or security of any Third‑Party Resource. Makes no warranties or representations regarding any Third‑Party Resource or any products, services, or information obtained through it. Inclusion of a Third‑Party Resource does not constitute endorsement or affiliation.
C. Assumption of Risk and User Responsibilities. Access to or use of any Third‑Party Resource is undertaken entirely at your own risk. You are solely responsible for: Reviewing and agreeing to all applicable terms of use, privacy policies, disclosures, and contractual conditions imposed by the Third‑Party Resource. Ensuring that all interactions, communications, and transactions with third parties are lawful, secure, and compliant with applicable obligations. Any relationship, transaction, communication, dispute, or obligation that arises between you and a third party. For clarity, the Agency is not a party to, does not oversee, and bears no responsibility or liability for any dealings, transactions, or disputes involving Third‑Party Resources.
D. Limitation of the Agency's Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, the Agency and its affiliates, officers, directors, employees, agents, and contractors shall not be liable for any loss, damage, cost, or claim—including 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 third parties. Any transaction, interaction, communication, or dispute between you and a Third‑Party Resource. The Agency expressly disclaims all responsibility and liability for the acts, errors, omissions, or representations of any third party.
E. Indemnification Related to Third‑Party Resources. 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 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. Any dispute, claim, or demand made by a third party arising from your actions or omissions in relation to a Third‑Party Resource. This indemnification obligation applies regardless of whether claims arise in contract, tort, equity, statute, or otherwise, and survives your use of the Platform.
A. Unilateral Right to Change. Wellness & Care Connection LLC (the "Agency") reserves the right, in 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, temporarily or permanently. Discontinue the Platform or any Service, permanently.
B. Notice and Acceptance of Changes. 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. Continued use of the Platform or Services after any change constitutes acceptance of such change. If you do not agree, your sole remedy is to discontinue use and request account closure.
C. Fee Changes. Any modifications to pricing or fees apply prospectively to future billing cycles or subscription renewals. Continued use of a paid Service after notice of a fee change constitutes agreement to pay the updated amount.
D. Discontinued Services and Refunds. 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 discontinuation.
E. User Responsibility. 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.
F. No Liability for Changes. 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).
A. Independent Contractors. 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.
B. No Authority to Bind the Agency. 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 unauthorized, void, and without effect.
C. Limited Role of the Agency. 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 or their personnel. Does not provide spa, wellness, therapeutic, or professional services, nor verify professional qualifications or licensure status. Does not endorse, guarantee, verify, or warrant the quality, safety, availability, pricing, experience, outcomes, or conduct of any Spa Associate or User. Is not a party to—and expressly disclaims liability for— any agreements, transactions, communications, or disputes between Spa Associates and Users, including issues related to services rendered, payments, scheduling, performance, or outcomes.
D. No Fiduciary Duties. The Agency does not owe, and shall not be deemed to owe, any fiduciary duties to any Spa Associate or User, including duties of loyalty, care, or confidentiality. The relationship is strictly contractual as defined by these Terms.
E. User Responsibilities and Assumption of Risk. You, whether a Spa Associate or a User, acknowledge and agree that: You are solely responsible for your own business operations, compliance with 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 communications, transactions, or engagements initiated through the Platform. 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.
A. Governing Law. 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 conflict‑of‑laws principles. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this Section.
B. Mandatory Informal Resolution. Before initiating arbitration or any formal proceeding, you agree to attempt to resolve the Dispute informally by submitting a written Dispute Notice to info@findyourlocalspa.com. The notice must include your name, contact information, a description of the Dispute, and the relief sought. Both parties agree to negotiate in good faith for thirty (30) days after receipt. The Agency may bypass this informal process only to seek injunctive relief or file an individual small‑claims action.
C. Agreement to Binding Arbitration (Mutual Waiver of Court Proceedings). If the Dispute is not resolved informally, you and the Agency agree to resolve it exclusively through final, binding, individual arbitration. Arbitration replaces the right to go to court or have a jury trial.
D. Arbitration Rules and Administration. Arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, as modified by this Section. For Leads (consumers), mandatory provisions of the AAA Consumer Arbitration Rules apply where they conflict with Commercial Rules.
E. Arbitration Procedures. Conducted by a single arbitrator. Location (B2B): For Spa Associates, arbitration shall be held exclusively in Austin, Travis County, Texas, or via video conference if appropriate. Location (B2C): For Leads, hearings may be held in Austin or the county/state of residence at the time of filing, provided AAA has an office or approved venue there. The arbitrator's award is final and binding, and judgment may be entered in any court of competent jurisdiction. Relief may be awarded only on an individual basis.
F. Payment of Arbitration Fees. If the Agency initiates arbitration, it pays all AAA fees. If you initiate arbitration, you pay the filing fee, but the Agency will reimburse claims under $10,000 unless deemed frivolous. Each party bears its own attorneys' fees unless law permits otherwise.
G. Waiver of Class Action and Jury Trial. 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 finds this waiver unenforceable for a particular claim, that claim may proceed in court, but all other claims remain subject to arbitration.
H. Exceptions to Arbitration. This Section does not require arbitration of: Individual claims filed in small claims court. Claims by the Agency seeking injunctive or equitable relief to protect its intellectual property, confidential information, trade secrets, or security interests.
I. Time Limit to Bring Claims. YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER IT ARISES, OR IT IS PERMANENTLY BARRED. You expressly waive any longer statute of limitations.
J. Venue for Non‑Arbitrable Disputes. 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 in Travis County, Texas, and waive objections based on inconvenience or improper venue.
A. Nature of Submission. 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. The Agency is under no obligation to treat Feedback as confidential.
B. Assignment of Rights. 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 waive any moral rights or similar rights to the fullest extent permitted by law and agree to execute documents necessary to perfect this assignment.
C. Backup License. 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.
D. No Obligation to Use. The Agency has no obligation to review, consider, or implement any Feedback. You acknowledge that the Agency may independently develop materials similar to the Feedback and that nothing in this Section limits the Agency's right to do so.
E. General Release. 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 rights (including intellectual property or moral rights), unjust enrichment, or breach of confidence.
A. Entire Agreement. 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. They supersede all prior or contemporaneous agreements, representations, and understandings, whether oral or written.
B. Assignment. You may not assign or transfer any rights or obligations under these Terms without the Agency's 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.
C. Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or, if modification is not possible, severed. The validity of the remaining provisions will not be affected.
D. No Waiver. The Agency's failure to enforce any right or provision of these Terms will not constitute a waiver. Any waiver must be in writing and signed by an authorized representative of the Agency.
A. General Contact Information. 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: 5900 Balcones Drive, Suite 100, Austin, TX 78731, United States.
B. Formal Legal Notices and Protocol. To Us (Legal Notice): Any formal legal notice required or permitted under these Terms (including disputes, breaches, or intellectual property claims) must be submitted in writing to: Attn: Legal Department, Wellness & Care Connection LLC Address: 5900 Balcones Drive, Suite 100, Austin, TX 78731, United States Courtesy Copy: info@findyourlocalspa.com. To You (Electronic Notice): The Agency may provide notices electronically via the Platform or to the email associated with your account. Deemed Delivery: Notices sent by email are deemed delivered upon transmission, unless a bounce‑back or similar failure notice is received.
C. Response Policy. The Agency will use commercially reasonable efforts to respond to legitimate inquiries submitted to its general contact email. However: No specific response time or outcome is guaranteed. The Agency reserves the right to decline responses to inquiries that are abusive, repetitive, irrelevant, or made in bad faith.
D. Language Requirement. All communications directed to the Agency under or relating to these Terms must be written in English. Communications in other languages may be disregarded, and the Agency has no obligation to translate or respond in a language other than English.