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Terms & Conditions

Welcome to Beauty Esthetics By Diana Sanchez! These terms and conditions outline the rules and regulations for the use of LIMITLESS BEAUTY ESTHETICS & SPA, LLC’s Website, located at https://beautyestheticsbyds.com/.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Beauty Esthetics By Diana Sanchez if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Beauty Esthetics By Diana Sanchez, you agreed to use cookies in agreement with the LIMITLESS BEAUTY ESTHETICS & SPA, LLC’s Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, LIMITLESS BEAUTY ESTHETICS & SPA, LLC and/or its licensors own the intellectual property rights for all material on Beauty Esthetics By Diana Sanchez. All intellectual property rights are reserved. You may access this from Beauty Esthetics By Diana Sanchez for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

(a) Republish material from Beauty Esthetics By Diana Sanchez

(b) Sell, rent or sub-license material from Beauty Esthetics By Diana Sanchez,

(c) Reproduce, duplicate or copy material from Beauty Esthetics By Diana Sanchez,

(d) Redistribute content from Beauty Esthetics By Diana Sanchez

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. LIMITLESS BEAUTY ESTHETICS & SPA, LLC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of LIMITLESS BEAUTY ESTHETICS & SPA, LLC,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, LIMITLESS BEAUTY ESTHETICS & SPA, LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.


LIMITLESS BEAUTY ESTHETICS & SPA, LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. You hereby grant LIMITLESS BEAUTY ESTHETICS & SPA, LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

Government agencies;Search engines;News organizations;Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site. We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources; dot.com community sites;associations or other groups representing charities;online directory distributors;internet portals;accounting, law and consulting firms; and educational institutions and trade associations.

We will approve link requests from these organizations if we decide that:

(a) the link would not make us look unfavorably to ourselves or to our accredited businesses;

(b) the organization does not have any negative records with us;

(c) the benefit to us from the visibility of the hyperlink compensates the absence of LIMITLESS BEAUTY ESTHETICS & SPA, LLC; and

(d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link:

(a) is not in any way deceptive;

(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and

(c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to LIMITLESS BEAUTY ESTHETICS & SPA, LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or By use of the uniform resource locator being linked to or By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site. No use of LIMITLESS BEAUTY ESTHETICS & SPA, LLC’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;limit or exclude our or your liability for fraud or fraudulent misrepresentation;limit any of our or your liabilities in any way that is not permitted under applicable law; orexclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:

(a) are subject to the preceding paragraph; and

(b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Privacy Policy

This Privacy Policy is prepared by BEAUTY ESTHETICS BY DIANA SANCHEZ and whose registered address is 2500 NW 79th Avenue, Suite 297, Doral, FL 33122. We are committed to protecting and preserving the privacy of our visitors when visiting our site or communicating electronically with us.This policy sets out how we process any personal data we collect from you or that you provide to us through our website and social media sites. We confirm that we will keep your information secure and that we will comply fully with all applicable United States Data Protection legislation and regulations. Please read the following carefully to understand what happens to personal data that you choose to provide to us, or that we collect from you when you visit our sites. By submitting information you are accepting and consenting to the practices described in this policy.

Types of information we may collect from you

We may collect, store and use the following kinds of personal information about individuals who visit and use our website and social media sites:Information you supply to us. You may supply us with information about you by filling in forms on our website or social media. This includes information you provide when you submit a contact/enquiry form. The information you give us may include, but not limited to, your name, address, e-mail address and phone number.

How we may use the information we collect

We use the information in the following ways:Information you supply to us. We will use this information: to provide you with information and/or services that you request from us;To contact you to provide the information requested.

Disclosure of your information

Any information you provide to us will either be emailed directly to us or may be stored on a secure server.We do not rent, sell or share personal information about you with other people or non-affiliated companies.We will use all reasonable efforts to ensure that your personal data is not disclosed to regional/national institutions and authorities, unless required by law or other regulations.Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

Your rights – access to your personal data

You have the right to ensure that your personal data is being processed lawfully (“Subject Access Right”). Your subject access right can be exercised in accordance with data protection laws and regulations. Any subject access request must be made in writing to info@beautyestheticsbyds.com . We will provide your personal data to you within the statutory time frames. To enable us to trace any of your personal data that we may be holding, we may need to request further information from you. If you have a complaint about how we have used your information, you have the right to complain to the Information Commissioner’s Office (ICO).

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to Diana Sanchez, 2500 NW 79th Avenue, Suite 297, Doral, FL 33122 or at info@beautyesthteticsbyds.com .

New Clients

As a result, Patient agrees to refrain from disparaging beautyestheticsbyds, its staff members, Physicians and/or any other affiliation, or inducing or causing any third party to do so, in any manner and in any format, whether verbal, written or digital, or taking any action that may reasonably be expected to adversely affect the personal or professional reputation of the other party.

This includes, but is not limited to, negative online reviews, posting complaints on social networks such as Instagram, Facebook, SnapChat, Twitter, Google, Yelp, Realself, etc. prior to providing beautyestheticsbyds the opportunity to remedy any alleged problem.

Patient agrees that a breach, default or threatened breach of this section hereof will cause irreparable harm to beautyestheticsbyds, the Practice for which remedy at law may be inadequate and would be difficult to ascertain and, therefore, in the event of a breach or threatened breach of any of these covenants, except as set forth with specificity above, beautyestheticsbyds shall be entitled to liquidated damages from Patient in the amount of Twenty-Five Thousand Dollars ($25,000. 00) for each violation, breach or threatened breach of the non-disparagement clause herein.

The Patient also agrees to be responsible for beautyestheticsbyds’ attorneys’ fees and costs associated with the enforcement of this non-disparagement clause.

The Patient agrees that these amounts are reasonable in consideration of the harm to beautyestheticsbyds.

Related to the purchase of the Services.

Please note that all purchases are non-refundable. Exchanges will only be allowed for other treatments.

Cancellations must be made 24 hours prior to your appointment or you will forfeit your session. If you are late for your appointment, you may be rescheduled for another day or time.

Each and every treatment I have purchased has been discussed and explained with me. I understand all aspects and side effects of each treatment I have purchased and scheduled. I also understand that my purchases are non-refundable, and I can only make exchanges. I understand that I must cancel 24 hours prior to my appointment, or I will forfeit the amount paid for a session.

Patient Arbitration Agreement.

Article 1: Arbitration Agreement. It is understood that any malpractice dispute, i.e., whether medical services rendered under this contract were unnecessary or unauthorized, or were improperly, negligently or incompetently rendered, shall be determined by arbitration, as provided by Florida law, and not by suit or resort to judicial process, except as Florida law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into this contract, waive their constitutional rights to have any such dispute decided in a court of law before a jury and instead agree to the use of arbitration.

Article 2: All Claims Must Be Arbitrated. It is the intent of the parties that this agreement shall bind all parties whose claims may arise out of or relate to treatment or service provided by any employee, including any spouse or heirs of any patient and any child, born or unborn, at the time of the occurrence giving rise to any claim. In the case of a pregnant mother, the term “patient” shall refer to both the mother and her expected child or children.

Article 3: Procedures and applicable law. The request for arbitration shall be communicated in writing to all parties. Each party shall choose an arbitrator (party arbitrator) within thirty days and a third arbitrator (neutral arbitrator) shall be chosen by the arbitrators appointed by the parties within thirty days of the request for a neutral arbitrator by either party. Each party to the arbitration shall pay its pro rata share of the neutral arbitrator’s fees and expenses, together with other expenses of the arbitration incurred or approved by the neutral arbitrator, not including attorneys’ or witness fees, or other expenses incurred by a party for its own benefit. The parties agree that the arbitrators enjoy the immunity of a judicial officer from civil liability when acting as arbitrator under this contract. This immunity shall be in addition to, not in lieu of, any other applicable statutory or common law.

Either party shall have the absolute right to arbitrate separately issues of liability and damages upon written request to the neutral arbitrator.

The parties consent to the intervention and participation in this arbitration by any person or entity that would otherwise be an appropriate additional party to a legal action, and upon such intervention and participation, any existing legal action against such additional person or entity shall be stayed pending arbitration.

The parties agree that the provisions of Florida law applicable to health care providers shall apply to disputes within this arbitration agreement, including, but not limited to, the Code of Civil Procedure, either party may file with the arbitrators a motion for summary judgment or summary adjudication pursuant to the Code of Civil Procedure. Discovery shall be conducted in accordance with the Code of Civil Procedure, however, depositions may be taken without the prior approval of the neutral arbitrator.

Article 4: General Provisions. All claims based on the same incident, transaction or related circumstances shall be arbitrated in a single proceeding. A claim shall be deemed waived and forever barred if (1) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable Florida statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence. With respect to any matter not expressly provided for herein, the arbitrators shall be governed by the provisions of the Florida Code of Civil Procedure relating to arbitration.

Article 5: Retroactive Effect. Patient intends this agreement to cover services rendered prior to the date of signature (including, but not limited to, emergency treatment), and Patient signs below.

If any provision of this arbitration agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall not be affected by the invalidity of any other provision.

I understand that I am entitled to receive a copy of this arbitration agreement. By my signature, I acknowledge that I have received a copy.

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