Terms and Conditions

Please read and understand these Terms and Conditions before using this site. By using this site and the related web pages of Hush Aesthetics and/or its various divisions and subsidiaries (collectively referred to as “Hush Aesthetics”), you accept and agree to be bound and abide by the following Terms and Conditions. If you do not agree with these Terms and Conditions, you must not access or use this site and the related web pages.

INFORMATION ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THIS DISCLAIMER OF WARRANTIES, YOU MAY HAVE SPECIFIC WARRANTY RIGHTS, WHICH VARY FROM STATE TO STATE.

THE CONTENT PROVIDED ON THIS WEBSITE SHOULD BE USED FOR INFORMATIONAL PURPOSES ONLY. THIS WEBSITE IS NOT INTENDED TO PROVIDE MEDICAL INFORMATION AND SHOULD NOT BE RELIED UPON BY ANY PERSON FOR ANY MEDICAL, DIAGNOSTIC OR TREATMENT REASONS. ANY TESTIMONIALS FOUND ON THIS WEBSITE ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANY INDIVIDUAL WILL RECEIVE THE SAME OR SIMILAR RESULTS. THE RESULTS DESCRIBED IN THE TESTIMONIALS MAY NOT BE TYPICAL AND INDIVIDUAL RESULTS MAY VARY.

Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Hush Aesthetics may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

Use of Site

This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written permission of Hush Aesthetics, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this site, in each case without the prior written permission of Hush Aesthetics. You agree that you will not transmit or otherwise transfer any web pages, data or content found on this site to any other computer, server, website, or other medium for mass distribution or for use in any commercial activity or enterprise. You agree that you will not use any device, software or routine to interfere or otherwise attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that Hush Aesthetics deems in its sole discretion to be unreasonable or disproportionate to the benefits Hush Aesthetics obtains from your use of the site.

Unauthorized use of this site and/or any data or content contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. If you obtain prior written permission of Hush Aesthetics to use data or content contained on this site, you must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information that (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless you have the express written permission of the owner of such right, (c) contains a virus, “bug”, malware or other harmful item or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of this site.

Privacy

By accessing this site, you consent to Hush Aesthetics Privacy Policy, the terms of which are incorporated herein.

Links

This site includes links to other Internet websites and resources provided by third parties. These websites and resources are provided solely as a convenience to you and not as an endorsement by Hush Aesthetics of the contents of (or any product or services available from) such other sites. Hush Aesthetics is not responsible or liable to you or any third party for the content, accuracy, products or services of such sites, and Hush Aesthetics makes no representation or warranty regarding any other sites or the content or materials on such sites. If you decide to access other sites, you do so at your own risk and subject to the terms and conditions of use for such sites. You acknowledge and agree that Hush Aesthetics shall not be liable for any damage or loss arising from or related to your use of such sites or reliance on any such content, products or services available from such sites.

Hush Aesthetics specifically disclaims any duty to update the information in the press releases, presentations or other archived material.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, HUSH AESTHETICS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY LOSS OR DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL HUSH AESTHETICS, ITS EMPLOYEES, AGENTS OR ANY THIRD PARTY PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE) OR (III) THE PERFORMANCE OR NONPERFORMANCE BY HUSH AESTHETICS OR ANY THIRD PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Changes to the Terms and Conditions

Hush Aesthetics reserves the right to change these Terms and Conditions from time to time without notice and in its sole discretion. All changes are effective immediately when posted and apply to all access to, and use of, this site thereafter. However, any changes to the governing law and dispute resolution provisions set forth below will not apply to any disputes for which parties have actual notice on or before the date the change is posted on the site.

Indemnification

You agree to indemnify, defend and hold harmless Hush Aesthetics and its directors, officers, associates, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorney fees) arising out of or relating to your violation of these Terms and Conditions or your use of this site.

Governing Law & Location of Dispute Resolution

All matters relating to this site and these Terms and Conditions and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the United States of America and of the State of Texas (without regard to conflict of law principles). The language herein shall be interpreted as to its fair meaning and not strictly for or against any party. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Tarrant County, the State of Texas, United States of America, in all questions and controversies arising out of your use of this site and these Terms and Conditions. You expressly submit to the jurisdiction of said courts, and you consent to extraterritorial service of process. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within [two] years from the date on which such claim or action arose or accrued.

Waiver and Severability

No waiver by Hush Aesthetics of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hush Aesthetics to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.

If you have questions or concerns regarding this website, please contact the webmaster at [email protected].

Last updated: June 2020