PLEASE READ THESE TERMS OF USE CAREFULLY. THE HYDRAFACIAL™ PLATFORM (THE “PLATFORM”) COMPRISES THE HYDRAFACIAL.COM WEBSITE AND THE ASSOCIATED MOBILE AND WEB-BASED APPLICATIONS MADE AVAILABLE BY AND/OR OPERATED BY HYDRAFACIAL LLC (“HYDRAFACIAL”, “WE”, "OUR" OR “US”). BY USING THE PLATFORM, YOU ACCEPT THAT THESE TERMS OF USE (“TERMS”) ARE A BINDING AGREEMENT BETWEEN YOU (“USER” OR “YOU”) AND HYDRAFACIAL AND GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM AND PERIODICALLY THROUGHOUT YOUR USE OF THE PLATFORM. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THESE TERMS THEN YOU MUST NOT USE THE PLATFORM. THESE TERMS ARE ALSO INCORPORATED BY REFERENCE INTO OUR PRIVACY POLICY.

1. DISPUTE RESOLUTION:

These Terms include a binding arbitration provision that governs any disputes between You and Us. To the extent not prohibited by laws applicable to You, this provision will:

• Eliminate Your right to a trial by jury; and
• Substantially affect Your rights, including preventing You from bringing, joining or participating in class or consolidated proceedings.

You agree that We may provide notices, disclosures and amendments to these Terms by electronic means, including by changing these Terms within the Platform.

2. NO MEDICAL ADVICE

THE PLATFORM DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER MEDICAL CONDITIONS, OR IN THE CURE, MITIGATION, OR TREATMENT OF ANY DISEASE OR MEDICAL CONDITION.

THE PLATFORM IS INTENDED ONLY TO TRACK YOUR APPOINTMENTS, DISPLAYING YOUR LOYALTY REWARDS POINTS, AND DISPLAYING SKIN TREATMENT PLANS AT THE DIRECTION OF YOUR HEALTHCARE PROVIDERS, ADVISORS, AND OTHER HEALTHCARE PROFESSIONALS (“TREATMENT PROFESSIONALS”) TO TRACK YOUR TREATMENT PLAN PROGRESS FOR USE BY YOU AND YOUR TREATMENT PROVIDERS. THE PLATFORM DOES NOT PROVIDE INTERPRETATIONS OR ANY CLINICAL SUGGESTIONS . THE PLATFORM MAY CONTAIN GENERAL INFORMATION OR CONTENT (INCLUDING VIDEOS) RELATED TO SKIN CARE, SKIN AGING, SKIN TONE, AND OTHER SKIN-RELATED CONDITIONS AND TOPICS. THE PLATFORM MAY ALSO CONTAIN PROMOTIONAL INFORMATION AND RECOMMENDATIONS REGARDING PRODUCTS THAT YOU MAY BE INTERESTED IN BASED ON INFORMATION YOU PROVIDE. ANY SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR CONSULTATION WITH A QUALIFIED HEALTH CARE PROFESSIONAL. YOU SHOULD ALWAYS CONSULT WITH A DOCTOR OR HEALTHCARE PROFESSIONAL FOR MEDICAL OR INFORMATION ABOUT TREATMENT.

CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL PRIOR TO ENGAGING IN ANY TREATMENT PLANS, INCLUDING ANY MEDICATION OR DEVICE ASSISTED TREATMENT PLANS.

YOU SHOULD SEEK EMERGENCY HELP OR FOLLOW UP CARE WHEN RECOMMENDED BY YOUR TREATMENT PROVIDER OR OTHERWISE WHEN NEEDED. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL CONCERNING QUESTIONS YOU HAVE REGARDING A MEDICAL CONDITION AND BEFORE STARTING, STOPPING, OR MODIFYING ANY TREATMENT PLANS, INCLUDING, BUT NOT LIMITED TO, MEDICATION OR DEVICE ASSISTED TREATMENT PLANS. YOU SHOULD NOT DISREGARD OR DELAY TO SEEK MEDICAL ADVICE BASED ON ANYTHING THAT APPEARS OR DOES NOT APPEAR IN THE PLATFORM. IF YOU BELIEVE YOU HAVE AN EMERGENCY, CALL EMERGENCY SERVICES (9-1-1 IN THE U.S.) IMMEDIATELY!

3. Eligibility

The Platform is not targeted towards, nor intended for use by, anyone under the age of 13. A USER MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE PLATFORM. If the User is at least 13 but younger than 18, he or she may only use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By continuing to access, view and make use of the Platform, You represent and warrant that You are of the permitted age as set out above and are not otherwise legally prohibited from using the Platform.

In order to use certain functions of the Platform, You will need to register for an account. You agree to (i) create only one account; (ii) provide and maintain accurate, truthful, current and complete information when creating Your account; (iii) maintain the security of Your account; (iv) promptly notify Hydrafacial if You discover or otherwise suspect any security breaches relating to the Platform; and (v) take responsibility for all activities that occur under Your account and accept all risks of unauthorized access.

4. Privacy

OurPrivacy Notice provides more information about Our collection and use practices. Please read the Privacy Notice carefully for information relating to Our collection, use, storage, and disclosure of personal information. You acknowledge that the Privacy Notice describes Our collection, use, disclosure and other processing or handling of Your personal information. TheData Processing Agreement (for jurisdictions other than the U.S.) orData Sharing Agreement (for the U.S.), as applicable, is incorporated into these Terms and applies in cases where You access personal information/data through the Platform on behalf of a business.

5. Copyright, Trademarks, and User License

Unless otherwise indicated, the Platform and all content and other materials therein, including, without limitation, the Hydrafacial logo and all designs, illustrations, text, graphics, pictures, video clips, information, data, software, sound files, other files and the selection and arrangement thereof ("Content") are owned, controlled or licensed by Hydrafacial or its licensors or users and are protected by United States and copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws around the world. Syndeo™, Hydrafacial LLC, Hydrafacial, the Hydrafacial logo, and other Hydrafacial trademarks, service marks, graphics, and logos used in connection with the Platform are trade names, trademarks or registered trademarks registered, owned, controlled or licensed by Hydrafacial (collectively “Hydrafacial Marks”). Other trademarks, service marks, graphics and logos used in connection with the Platform are the trademarks or registered trademarks of their respective owners (collectively, “Third Party Marks”). The Hydrafacial Marks and Third-Party Marks may not be copied, imitated, modified, or used, in whole or in part, without the prior written permission of Hydrafacial or the applicable trademark holder. All rights not expressly granted are reserved. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to You or any third party any intellectual property rights or other right, title, or interest in or to the Hydrafacial intellectual property.

The Platform and its Content are intended solely for personal, non-commercial use. Subject to Your ongoing compliance with these Terms, Hydrafacial grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Platform for personal, non-commercial, use only in accordance with these Terms (“User License”) and Our status as the authors of Content on Our Platform must always be acknowledged. Any use of the Platform in any other manner, including, without limitation, resale, transfer, modification or distribution of the Platform or Content is prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. These Terms including, without limitation, the User License, also govern any updates to, or supplements or replacements for, the Platform, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply (“Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms. If You violate any provision of these Terms, Your permission from Us to use the Platform will terminate automatically.

6. Acceptable Use

In no event may the Platform be used beyond Hydrafacial's contemplated functionality of the Platform or in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by Hydrafacial; (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access the Platform or Content that is not authorized by Hydrafacial; (f) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Platform or Content; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to Hydrafacial’s computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms, including those in Section 7 (User Generated Material); (k) attempts to damage, disable, overburden, or impair Hydrafacial’s servers or networks; (l) impersonates any person or entity or otherwise misrepresents Your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively “Acceptable Use”). Hydrafacial reserves the right, in its sole discretion, to terminate any User License, or assert legal action with respect to Content or use of the Platform, that Hydrafacial reasonably believes is or might be in violation of these Terms, or Hydrafacial policies. Hydrafacial’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

7. User Generated Material

If and to the extent that We elect to allow user generated material and subject to the Platform’s capabilities, You may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback or other materials on the Platform (“User Generated Material”) that may be accessible and viewable by the public. With respect to User Generated Material submitted or posted by You, You represent that (i) You created and own the rights to the content or You have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms or any of Our other policies.

• Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
• Violate Our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
• Create or threaten harm to any person or loss or damage to any property;
• Incite a terrorist offense, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offense or threaten to commit a terrorist offense;
• Include other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
• Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Hydrafacial or any other person;
• Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• Misrepresent Your identity or affiliation with any person or organization, including Hydrafacial;
• Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications;
• Seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on Hydrafacial or the networks or services connected to the Platform or install or attempt to install or promote spyware, malware or other computer code on Our computers or equipment or the computers or equipment of third parties; or
• Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
• Be otherwise objectionable or non-family friendly as determined by Hydrafacial at its sole discretion.

We do not claim ownership to User Generated Material. However, by submitting or posting User Generated Material, You agree that it will be considered non-confidential and You irrevocably grant Us and Our assigns, agents and licensees and other users a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights You own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to You, with or without attribution, and without the requirement of any permission from or payment to You or any other person or entity, and (ii) to use Your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to You. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, You hereby waive, and You agree to waive, any moral rights (including attribution and integrity) that You may have in any User Generated Material, even if it is altered or changed in a manner not agreeable to You. To the extent not waivable, You irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that You will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Material that You post on the Platform.

If and to the extent that We elect to allow the posting of User Generated Material generally and subject to the Platform’s capabilities, We may refuse, alter, or remove User Generated Material without notice for any reason at Hydrafacial’s sole discretion, including Our belief that User Generated Material may violate these Terms or be otherwise objectionable. If and to the extent that We elect to allow the posting of User Generated Material generally, We have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Generated Material posted on the Platform, at any time and for any reason, without notice, including to ensure that all such User Generated Material complies with these Terms. We do not endorse any User Generated Material and the User Generated Material posted does not reflect Our opinions, views, or advice. You are solely responsible for Your User Generated Material and the consequences of posting and publishing it and You agree that We are acting only as a passive conduit for Your online distribution and publication of Your User Generated Material. We have the right to disclose Your identity to any third party who is claiming that Your User Generated Material posted or uploaded by You to Our Platform constitutes a violation of their intellectual property rights or of their right to privacy. To the maximum extent permitted by law, We take no responsibility and assume no liability for any User Generated Material that You or any other user or third-party posts or sends on or through the Platform, nor do We assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

8. Indemnification

To the fullest extent permitted under applicable law, You agree to defend, indemnify, and hold harmless Hydrafacial, its parent, subsidiary and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, members and directors (“Hydrafacial Indemnitees”) from any and all claims, demands, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) (“Claims”) that arise from or relate to (a) Your use or misuse of the Platform, (b) Your violation of these Terms or applicable law, (c) violation of any rights of a third party, (d) any dispute or issue between You and any third party, and (e) fraud, intentional misconduct, criminal acts, gross negligence, or negligence committed by You. To the fullest extent permitted under applicable law, Hydrafacial reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.

9. Warranties; Disclaimers

HYDRAFACIAL IS PROVIDING THE PLATFORM TO THE USER “AS IS” AND THE USER IS USING THE PLATFORM AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, HYDRAFACIAL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE PLATFORM ARE MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE PLATFORM BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, THAT USER INFORMATION OR ORDERS TRANSMITTED IN CONNECTION WITH THE PLATFORM WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED, THAT ORDERS WILL BE AS PLACED OR READY AT THE SUGGESTED TIME, OR THAT ANY PARTICULAR ITEM ORDERED WILL BE AVAILABLE. THE MATERIALS AND INFORMATION IN THE PLATFORM MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND MAY BE INCOMPLETE OR NOT UP TO DATE. NOTWITHSTANDING THE FOREGOING, NONE OF THE DISCLAIMERS IN THIS PARAGRAPH SHALL APPLY TO WARRANTIES RELATED TO PERSONAL INJURY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HYDRAFACIAL OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE HYDRAFACIAL ENTITIES OR THE PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE PLATFORM, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOU USE THE PLATFORM, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE PLATFORM AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE PLATFORM OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. No Liability

SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW, IN NO EVENT SHALL HYDRAFACIAL OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION PARTICIPATION IN THE SELFIE ASSESSMENT TOOL, THE SKIN QUIZ, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE PLATFORM, OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HYDRAFACIAL RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE PLATFORM OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE PLATFORM. IF YOU RESIDE IN A JURISDICTION OTHER THAN NEW JERSEY, UNITED STATES OF AMERICA, YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Modifications to the Platform; Third Party Content, Accounts, Products and Service (including Advertising and Promotions)

Hydrafacial may include third party content in the Platform (including embedded content) or links to third party content, accounts, or products and services, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content, and the inclusion of any link does not imply affiliation, endorsement or adoption by Hydrafacial of any Third Party Content or any information contained therein, and We make no guarantee as to its accuracy or completeness. You acknowledge and agree that Hydrafacial is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content at Your own risk. When You use other services via Third-Party Content, or participate in promotions or business dealings with third parties, You should understand that Our terms and policies no longer govern, and that the terms and policies of those third parties will apply instead. You should review the applicable terms and policies, including privacy and data gathering practices, of any website or application to which You navigate from outside of the Platform. You must comply with any applicable third-party terms when using the Platform.

12. Modifications to the Platform

Hydrafacial reserves the right to modify or discontinue, temporarily or permanently, the Platform or any features or portions thereof for business or operational reasons without prior notice (unless notice is required under applicable law). To the fullest extent permitted under applicable law, You agree that Hydrafacial will not be liable for any modification, suspension or discontinuance of the Platform or any part thereof. Upon the termination of Your account, any aspect of the Platform, or these Terms for any reason, Hydrafacial may at its option delete any data You submitted through the Platform.

13. Dispute Resolution

Please read this section carefully as it applies to You to the extent Your usual place of residence permits binding arbitration in contracts between parties and may affect rights that You may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.

Binding Arbitration . This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms, Your use of the Platform, and Your relationship with Us. Any dispute or claim arising out of or relating to these Terms or use of the Platform and Your relationship with Hydrafacial or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of Us may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures.

Informal Dispute Procedures: For all disputes, whether pursued in court or arbitration, You must first send a letter (by first class or registered mail) with a written description of Your claim to Our Legal department Attn: Legal Dept., at 3600 E. Burnett St., Long Beach, CA 90815 to allow Us an opportunity to resolve the dispute. You and Hydrafacial each agree to negotiate Your claim in good faith. Both You and Hydrafacial agree that the dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party. You may request arbitration if Your claim or dispute cannot be resolved within 60 days.

To the extent You cannot resolve any dispute through the informal dispute resolution procedure described above, a dispute shall be resolved through binding individual arbitration. You agree that the arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms. The AAA Rules and information about arbitration and fees are available online atwww.adr.org  or by calling the AAA at (800) 778-7879. You and Hydrafacial agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the jurisdiction in which You reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy Your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither You nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration: Payment of all filing, administration and arbitrator fees will be governed by AAA Rules. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which You provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds You are the prevailing party in the arbitration, You will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, bad faith or with an improper purpose, We agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver. You and We each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between You and Us that this class action waiver is unenforceable, the arbitration agreement will be void as to You. If for any reason a claim proceeds in court rather than through arbitration, You and We each waive any right to a jury trial.

14. Governing Law and Jurisdiction

These Terms of Use, the use of the Platform and any dispute that may arise between You and Hydrafacial shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of California, United States, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. If the arbitration agreement is ever deemed unenforceable or void or a dispute between the parties is not subject to arbitration, the User irrevocably consents to the exclusive jurisdiction of the federal and state courts located in Los Angeles County, California, United States of America, for purposes of any legal action arising out of or related to the use of the Platform or these Terms. The parties hereby agree that it is the preference of the parties that these Terms be governed by the applicable federal law and laws of the State of California and that the forum be Los Angeles County, California, United States of America, and only to the extent such governing law and forum are not permissible in Your usual place of residence shall the governing law and forum not be as set forth above and, in such instance, the governing law and forum shall be the laws and courts of Your usual place of residence.

15. Termination

Notwithstanding any of these Terms, Hydrafacial reserves the right, without notice and in its sole and absolute discretion, to terminate Your license to use the Platform and to block or prevent Your future access to and use of the Platform. Where required by law, We will provide You with advance notice if We plan to do so. Hydrafacial’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

16. Changes

Hydrafacial reserves the right to change or modify these Terms or any other Hydrafacial policies related to use of the Platform at any time and at its sole discretion by changing these Terms within the Platform or by posting revisions on the Hydrafacial website. We reserve the right to make the modifications with immediate effect if and insofar as such changes are required for any of the following reasons: for (a) legal or regulatory reasons, fraud and abuse prevention or for security reasons; (b) to enhance or change existing features or add additional features to the Platform (where this does not materially adversely affect Your use of the Platform); to reflect advancements in technology; or (c) to restrict activities that We deem unsafe, inappropriate, or offensive. Continued use of the Platform following such changes or modifications to the Terms or other Hydrafacial policies will constitute acceptance of such changes or modifications.

17. Force Majeure

To the fullest extent permitted under applicable law, Hydrafacial will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labor strikes; (e) telecommunications, network, computer, server or Internet disruption or downtime; (f) unauthorized access to Hydrafacial’s information technology systems by third parties; or (g) other causes beyond the reasonable control of Hydrafacial.

18. General

These Terms, together with any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between You and Hydrafacial regarding Your use of the Platform. You may not assign or transfer these Terms or Your rights under these Terms, in whole or in part, by operation of law or otherwise, without Our prior written consent. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We may assign these Terms at any time without notice or consent unless otherwise required by applicable law. The failure to require performance of any provision will not affect Our right to require performance at any other time after that, nor will a waiver by Us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, the “NO MEDICAL ADVICE” section, and Sections 2, 4, and 7-19, along with terms regarding intellectual property ownership and any other accompanying agreements, will survive.

19. Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Platform is Hydrafacial LLC, 3600 E. Burnett St., Long Beach, CA 90815. To file a complaint regarding the Platform or to receive further information regarding use of the Platform, send a letter to the above address or contact Hydrafacial via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.

20. Contact