LaserAway Terms and Conditions

Effective Date: These Terms and Conditions became effective on April 26, 2024 for existing customers and April 8, 2024 for new customers.

These LaserAway Terms and Conditions (“Terms”) apply to websites and other interactive features and online services owned or operated by LaserAway, LLC or one of its subsidiaries or affiliated companies (collectively, “LaserAway“) that post a link to or include these Terms (collectively, the “Sites”). Note that some LaserAway branded clinics are independently owned (each, a “Physician-Owned Clinic”) due to state licensing requirements and utilize LaserAway’s management platforms and services through a contractual relationship with us or one of our affiliated companies. These Physician-Owned Clinics are included as part of “LaserAway” for purposes of these Terms. Important! Please carefully read these Terms before using the Sites, as they affect your legal rights and obligations. You agree to these Terms by accessing or using the Sites. If you do not agree to bound by all of these Terms, do not use the Sites.

To make a purchase on our Sites, you must be at least 18 years old or the age of majority in your jurisdiction. If you do not meet the age requirement then you may not purchase on our Sites.

When using particular services or features of the Sites, in addition to these Terms, additional policies, service terms, payment terms or end user license agreements may apply to your use of that feature or service (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

ARBITRATION NOTICE: Except for certain types of disputes described in the ARBITRATION section below, you and LaserAway agree that disputes between you and LaserAway will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.

Please also review our Privacy Policy.

OWNERSHIP OF SITE CONTENT

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Sites, including, without limitation, graphics, layout, text, images, trademarks, logos, service marks, designs, information, data, advertising copy, past, present and future versions of the Sites, domain names, source and object code and the “look and feel” of the Sites (“Site Content“) are owned, controlled or licensed by LaserAway, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.

The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of LaserAway as is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.

YOUR LICENSE TO USE SITE CONTENT ON OUR SITES

You may visit our Sites without further permission from LaserAway and LaserAway grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to access and view the Site Content. This license is subject to your full compliance with these Terms. When you view or use the Site Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not copy or adapt any object code associated with a Site or reverse engineer, modify or attempt to discover any source code associated with a Site, nor allow or assist any third party to do so (whether or not for your benefit.

Except as expressly provided in these Terms, you may not copy, reproduce, republish, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Site Content in any way, without the prior written permission of a duly authorized LaserAway employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Sites. Any and all rights to use the Sites that are not expressly granted to you under these Terms are reserved for LaserAway or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way LaserAway’s rights to exploit fully any or all of the Site Content. Unauthorized use of Site Content may be a violation of federal and state laws and could result in civil and criminal liability.

REGISTRATION & ACCESS CONTROLS

Certain areas of the Sites may require account registration or may otherwise ask or require you to provide information to use Site features. When you choose to provide information to the Sites, you agree to provide only true, accurate, current and complete information. You agree you will not sell or otherwise transfer your account or any account rights and that you will keep your account credentials confidential. Except to the extent prohibited by applicable, unwaivable law, LaserAway reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data. If you submit personal information to register for an account with LaserAway or to otherwise participate in any services, that information will be governed by the Privacy Policy. You may cancel your account at any time via your account page or by contacting our customer support team.

INFORMATION AND CONTENT YOU SUBMIT

The Sites may provide you the opportunity to communicate with LaserAway via e-mail or other means, or publicly post product reviews or other content through the Site (collectively, “User Content“).

Responsibility for User Content. You understand that you are solely responsible for your User Content, however submitted. By submitting User Content, you represent and warrant to LaserAway that your User Content: (1) is not confidential and that you have all necessary permission to submit it; and (2) does not infringe upon, misappropriate, or violate the rights of any third party, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to LaserAway.
LaserAway does not control the User Content made available via the Sites and therefore does not guarantee the accuracy, integrity, quality or lawfulness of User Content.

Rights You Grant to Us. Whenever you submit or otherwise make available User Content to LaserAway (including through use of a help, support, feedback, or “Contact Us” feature, or through a social media website) you: (1) grant to LaserAway an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast, and perform that User Content – and your name, voice, likeness and other identifying information in connection with that User Content – via any medium now known or later developed, without any compensation to you; and (2) to the extent permitted by applicable law, waive all of your moral rights in that User Content to the fullest extent permitted by law, even if the User Content is altered or changed in a manner not agreeable to you. You further authorize LaserAway to publish your User Content such that it may be accessed by users of the Sites or the general public.

Right to Screen and Remove Content. We have no obligation to monitor the Sites or any User Content made available via the Sites. However, you acknowledge and agree that we have the right to monitor the Sites and User Content you submit and the right (but not the obligation) to delete, edit, move, or disable any such User Content in whole or in part, before or after it appears on the Sites, subject to LaserAway’s sole discretion. LaserAway reserves the right to suspend or terminate your access to the Sites at any time. Under no circumstances will we be liable in any way for any User Content including, but not limited to, any errors or omissions in User Content, any loss of your User Content or for any loss or damage of any kind incurred as a result of any user’s User Content.

No Confidential Relationship. Except within the scope of any doctor-patient relationship with us, or as otherwise described in the posted Privacy Policy or other agreement on a Site where you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You acknowledge and agree that your relationship with LaserAway and any Physician-Owned Clinic is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place LaserAway in a position that is any different from the position held by members of the general public, including with regard to your User Content. You further agree that LaserAway is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services, including, without limitation, publication of your User Content on the Sites, without any payment of any kind to you. To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

You acknowledge that LaserAway may be working on or developing material similar or the same in nature to your User Content and that LaserAway may have received similar or the same intellectual property rights from another party. LaserAway owes you no obligation connected to your submissions unless you and LaserAway enter a written agreement to that effect. Any discussion or negotiations between you and LaserAway regarding your submissions does not constitute recognition of the novelty or originality of your User Content.

No Obligation to Use. You agree and understand that we are not obligated to keep or use your User Content in any way.

User Interactions. You are solely responsible for your interaction with other users, whether within the Sites or elsewhere. We are not responsible for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others.

ACCEPTABLE USE POLICY

As a condition of your use of the Sites, you agree that you will not, and will not encourage, permit, or assist any third party to, take any action, or upload any User Content, on or via the Sites that:

a. Is unlawful, discriminatory, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, obscene, offensive, profane, or vulgar;
b. Promotes trade or use of drugs and controlled substances, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
c. Infringes on any copyright, trademark, patent, trade secret, right of publicity, right of privacy, or any other right of another person or entity;
d. Constitutes unauthorized or unsolicited advertising, junk mail, bulk mail, chain letters, or surveys;
e. Discloses another person’s address, phone number, e-mail address, credit card number, or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature;
f. Includes video, audio, or images of any person younger than 18;
g. Involves commercial activities and/or sales, such as contests, sweepstakes, or barter; communicating or facilitating any commercial advertisement or solicitation; marketing any goods or services; reselling, renting, leasing, or providing for payment the Services to any person;
h. Impersonates any person or entity, including any employee or representative of LaserAway;
i. Engages in or attempts to engage in any potentially harmful acts that are directed against the Sites, including but not limited to violating or attempting to violate any security features of the Sites; using manual or automated software or other means to scrape, crawl, spider, or similarly access or copy any portion of the Sites or to use any portion of the Sites to train or otherwise include in large language models, artificial intelligence technologies, or other machine learning tools, products, services, or features (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); introducing or sending viruses, worms, spyware, malware, or any other kind of harmful code into or through the Sites; interfering or attempting to interfere with the proper functioning of or use by others of the Sites, including by means of overloading, flooding, spamming, mail bombing, or crashing the Services;
j. Engages in or attempts to engage in any of the following: disabling, bypassing, modifying, defeating, violating, removing, impairing, circumventing, or otherwise interfering with digital rights-management technology or other features or technology that limits or prevents use of the Sites or the Site Content therein; or
k. Automates the process of sending or viewing Site Content.

Violation of these provisions may result, in our sole discretion, in the deletion of your submissions, the temporary suspension or permanent removal of your account, and/or termination of this Agreement and your access to the Sites.

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS

You may not use the Sites for any purpose or in any manner that infringes the rights of any third party. LaserAway encourages you to report any content on a Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on a Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), LaserAway has a designated agent for receiving notices of copyright infringement and LaserAway follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LaserAway’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on a Site violates your rights other than copyrights, please provide LaserAway with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

Please send your notice of claims of copyright infringement on or regarding a Site or other complaint regarding alleged violation of rights to LaserAway’s copyright agent, who can be reached as follows:

Mailing Address:

LaserAway, LLC
Attn: DMCA Complaint
1133 Broadway
Suite 928
New York, NY 10010

Phone: 1-855-204-2924

E-mail Address: [email protected]

NOTE: This email address is for inquiries regarding potential copyright and other infringement only.

We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

LaserAway will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.

LaserAway may allow you – but only through express written permission or via LaserAway-provided functionality on the Site – to engage in certain personal uses of Site Content that include the ability to share Site Content with others (“Social Distribution“). For example, a Site may allow you to send Site Content to friends or post Site Content on a third party website. You agree to make no claims, promises, or statements on behalf of LaserAway. You also agree that you will not imply that you and LaserAway are affiliated in any way or that LaserAway approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Site Content.

THIRD PARTY LINKS & CONTENT

There may be links from the Sites, or from communications you receive from LaserAway, to third-party websites or online features. The Sites also may include third-party content that we do not control, maintain or endorse.

Neither LaserAway, Physician-Owned Clinics, nor their service providers are responsible for the practices of any third party. Your correspondence and business dealings with third parties found through the Sites including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party. You acknowledge and agree that neither LaserAway nor any Physician-Owned Clinic is liable for any loss or damage which may be incurred by you as a result of your interaction with any third party.

LINKING POLICY

LaserAway grants you the revocable permission to link to the Sites; provided, however, that any link to the Sites: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that LaserAway or the Sites are endorsing or sponsoring any third party or its products or services, unless LaserAway has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in LaserAway’s sole opinion, harm LaserAway or its products or services; (d) must not use any LaserAway trademarks without the prior written permission from LaserAway; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in LaserAway’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to a Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, LaserAway reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion.

PROMOTIONS

The Sites may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

MEDICAL DISCLAIMER

LaserAway is a provider of premium skin care products and services such as medical spa treatments. Unless and then only to the extent that prescribed by a LaserAway clinician, LaserAway products purchased through the Sites are not intended to diagnose, treat, cure, or prevent any medical condition(s) and are not in any way intended as medical advice or as a substitute for medical treatment. Without limiting the foregoing, those who are taking medication or are under treatment for a disease, or who are pregnant or lactating, are encouraged to consult with their health care professional before using any of the products.

DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, the Sites, including, without limitation, the Site Content, and any products and services sold by LaserAway through the Sites, are provided on an “As Is”, “As Available” and “With All Faults” basis. To the fullest extent permissible by applicable law, LaserAway and its parent companies, affiliated entities, Physician-Owned Clinics, vendors and the directors, officers, employees or other representatives of each of them (collectively, the “LaserAway Parties”) make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Sites and the Site Content; (b) products or services sold through the Sites; (c) User Content; and/or (d) security associated with the transmission of information to LaserAway or via the Sites. In addition, to the fullest extent permissible by applicable law, the LaserAway Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations.

The LaserAway Parties do not represent or warrant that the Sites will be error-free or uninterrupted; that defects will be corrected; or that the Sites or the servers that make the Sites available are free from any harmful components, including, without limitation, viruses. The LaserAway Parties do not make any representations or warranties that the information (including any instructions) on the Sites are accurate, complete, or useful. You acknowledge that your use of the Sites is at your sole risk.

The LaserAway Parties do not warrant that your use of the Sites is lawful in any particular jurisdiction, and the LaserAway Parties specifically disclaim such warranties. By accessing or using a Site you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site. Nothing in these terms of use limits, excludes, or modifies, or purports to limit, exclude, or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms of use would contravene any statute or cause any part of these Terms to be void (“Non-Excludable Guarantees”).

LIMITATION OF LIABILITY; WAIVER

To the maximum extent permitted by applicable law, and except in relation to any Non-Excludable Guarantees, you agree that under no circumstances will the LaserAway Parties be liable to you or anyone else for indirect, economic, special, incidental or consequential loss or damages related to: (a) the Sites or the Site Content; (b) User Content; (c) your use of any products or services purchased from the Sites; (d) your use of, inability to use, or the performance of the Sites; (e) action taken in connection with an investigation by the LaserAway Parties or law enforcement authorities regarding your use of the Sites; (f) action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in a Site’s technical operation; or (h) any damage that results from events beyond our reasonable control, such as damages to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the LaserAway parties have been advised of or should have known of the possibility of such damages. However, in no event will the LaserAway Parties total liability to you for all damages, losses or causes or action, except those in relation to any Non-Excludable Guarantees, exceed the lesser of the amount paid by you, if any, to LaserAway for (a) product(s) or service(s) purchased through the Sites or ten united states dollars ($10.00). The prior limitation on damages is not intended to limit the LaserAway Parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the LaserAway Parties’ liability for personal injury or property damage caused by LaserAway Parties, or for the LaserAway Parties’ gross negligence, fraud or intentional, willful, malicious or reckless misconduct.

You agree that in the event you incur any damages, losses or injuries that arise out of any of the LaserAway Parties’ acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, service, or other content owned or controlled by the LaserAway Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the LaserAway Parties.

By accessing the Sites, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows:

“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 by him or her, would have materially affected his or her settlement with the debtor or released party.”

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the LaserAway Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of the Sites or activities in connection with the Sites; (c) your breach or anticipatory breach of these Terms or any Additional Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the LaserAway Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and LaserAway. You will cooperate as fully required by the LaserAway Parties in the defense of any claim. The LaserAway Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the LaserAway Parties.

COMMUNICATIONS

The communications between you and us use electronic means, including emails, posted notices on the Sites, or other forms of electronic communications. You agree that we may send communications in electronic form and that all communications we provide to you electronically, including terms and conditions, agreements, notices, and disclosures, satisfy any legal requirement that such communications would satisfy if it were to be provided in paper or other non-electronic format. The foregoing does not affect your statutory rights.

If you have opted in to receive marketing communications or other elective communications from us, you may choose to opt out at any time following the instructions relevant to such form of communication. . Please note that even if you opt out, we will still send you account-related emails, such as purchase receipts, financial information, pre-treatment instructions, appointment reminders, other treatment-specific information, and, in our discretion or as required by applicable law, information about updates to our policies or these Terms to the email address you provide.

TERMINATION

LaserAway reserves the right to terminate your access to and use of the Sites in its sole discretion, without notice and liability, including, without limitation, for any reason or no reason. LaserAway also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or LaserAway. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your access to the Sites, or upon demand from LaserAway, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Sites.

LaserAway also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time, and with or without notice) any Site Content or discontinue and cease operation of any Site in its entirety.

LOCATION OF THE SITES AND TERRITORIAL RESTRICTIONS

LaserAway controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. The information, products, and services provided on the Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject LaserAway to any registration requirement within such jurisdiction or country. Anyone using or accessing the Sites from outside the United States does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Sites or any portion of the Sites, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from the Sites may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, Crimea, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By accessing this Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. You agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.

GOVERNING LAW/VENUE

By visiting the Sites, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without giving effect to any conflict of law provisions, together with the JAMS (defined below) rules, shall govern any proceeding that occurs in arbitration. In the event any claim is found not to be arbitrable, such claim shall be brought in a court of competent jurisdiction in New York, New York, and the normal choice-of-law rules shall apply to such proceeding.

ARBITRATION AGREEMENT /CLASS ACTION WAIVER/DISPUTE RESOLUTION

Both you and LaserAway waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action arising under these Terms, including without limitation claims relating to LaserAway’s advertising and business practices (the “Covered Disputes”). Both you and LaserAway waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related any dispute that is brought by anyone else. Notwithstanding any provision in the JAMS rules to the contrary, the arbitrator will not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

Except for disputes relating to the infringement of your or LaserAway’s intellectual property (such as trademarks, trade dress, copyright and patents) or where LaserAway is seeking injunctive relief (the “Excluded Disputes”), you and LaserAway each agree to finally settle all Covered Disputes only through arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these Terms or your use of the Sites (including purchasing products or services through the Sites) will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within thirty (30) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction as set forth in the Governing Law/Venue section above. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, LaserAway will pay as much of the administrative and arbitrator’s fees charged to you by JAMS (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you as compared to litigation. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Services or any other property of LaserAway (provided that nothing in these Terms will restrain a California resident’s right (if any) under applicable law to seek public injunctive relief in accordance with this dispute-resolution provision).

You and LaserAway agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against LaserAway within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and LaserAway agree (a) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (b) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision will in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: LaserAway, ATTN: Arbitration Opt-out, 1133 Broadway, Suite 928, New York, NY 10010, or by email to [email protected]. For new users, the notice must be sent within 30 days of registering an account with LaserAway, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, LaserAway also will not be bound.

MISCELLANEOUS

The failure of LaserAway to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit LaserAway’s rights with respect to such breach or any subsequent breaches. No waiver by LaserAway of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of LaserAway. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. LaserAway may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without LaserAway’s prior written consent. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court, arbitrator, or other adjudicative body should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against LaserAway by virtue of LaserAway having drafted them. No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by LaserAway. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, “Disclaimer of Warranties,” “Limitation of Liability; Waiver” and “Arbitration Agreement”).

OUR RIGHT TO UPDATE THESE TERMS

LaserAway reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the homepage or otherwise, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using a Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of a Site from that point forward.

CONTACT US

LaserAway
Address: 1133 Broadway, Suite 928, New York, NY 10010
Email: [email protected]