TRIBECA MEDSPA WEBSITE TERMS OF USE
Dated: August 5th, 2025
Welcome to the MedSpas of Manhattan, doing business as Tribeca MedSpa, SkinLab by Tribeca Medspa (“MedSpa of Manhattan,” the “Company,” “we,” or “our”) Website, https://tribecamedspa.com or https://skinlab-nyc.com (or the “Website”). We provide the Website and our mobile applications (the “App”) for your personal use. Please read these Terms of Use carefully. By accessing or using our Website, App, or the Services, YOU AGREE TO THESE TERMS OF USE.
If you reside in or are located in the European Economic Area (“EEA”), the United Kingdom (“UK”), Canada, or anywhere else other than in the United States, our Website, App, and Services are not directed to you and not intended for your use. If we learn we have collected or received personal information from a non-U.S. resident, or a minor, we will delete that information.
TERMS AND CONDITIONS FOR THE USE OF THIS WEBSITE
These Website Terms of Use (or “Terms of Use”) describe the terms and conditions of use of this Website by you, the Website viewer, and your rights and responsibilities as a user. By: (a) accessing and using our Website, (b) providing payment for and/or using any Services provided by us thereunder, and/or (c) providing your Personal Information to us, you agree and are thus bound by all of the terms and conditions set forth herein, whether or not you register for a user account (“Account”) with us.
Your use of the Website is also governed by our Privacy Notice, which is hereby incorporated into these Terms of Use. For more information on our privacy practices, visit <<PRIVACY NOTICE>>. Please refer to our Privacy Notice for the Definitions of capitalized terms used in these Terms of Use that are not otherwise defined herein. We reserve the right, and you authorize us, to use and assign all information provided by or collected from you in any manner consistent with our Privacy Notice. As used throughout these Terms of Use, the term “Services” means the information, business services and products information, and methods of communication we provide through the Website and our App.
We may revise and update these Terms of Use from time to time in our sole discretion by posting the modified Terms of Use to the Website. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
By accessing and using this Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our <<PRIVACY NOTICE>>, incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Notice, please leave this Website.
THESE TERMS OF USE REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, WAIVER OF JURY TRIALS, AND INCLUDE A CLASS ACTION WAIVER. THESE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.
Should you find other terms, conditions, or disclaimers on pages, applications, or programs within the Website, and you believe there is a conflict between these Terms of Use and those terms, conditions, or disclaimers posted for that particular area of the Website, the terms, conditions, or disclaimers for that particular page, application, or program will take precedence to the extent there is a conflict. Additionally, any conflict arising between these Terms of Use and our Privacy Notice shall be resolved by the Privacy Notice taking precedence with respect to the subject matter in question.
TABLE OF CONTENTS
WEBSITE CONTENT
PAYMENT
INTELLECTUAL PROPERTY PERMISSIONS AND RESTRICTIONS
PROHIBITED USES
COPYRIGHT INFRINGEMENT ASSERTIONS
TRADEMARKS
USER SUBMISSIONS AND PERSONAL INFORMATION
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
GEOGRAPHIC RESTRICTIONS
RIGHT TO MODIFY
DISCLAIMERS
LIMITATIONS ON LIABILITY
INDEMNIFICATION
DISPUTE RESOLUTION
GOVERNING LAW
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
ENTIRE AGREEMENT
VIOLATIONS AND FEEDBACK
WEBSITE CONTENT
Content on the Website is offered to the general public as educational and is strictly informational. Your use of the Website warrants that you will not use it for any purpose that is unlawful or prohibited by these Terms of Use. The Website is provided on an “as is” basis and may use internet services that are not under our direct control. Although MedSpas of Manhattan attempts to ensure the accuracy and integrity of the information on the Website, it makes no representations, warranties, or guarantees as to the accuracy of the Website and its content, and as such, it is possible that the Website could include typographical or other errors, or inaccuracies, and that unauthorized additions, deletions, and/or alterations could be made to the Website by third parties. In the event that any inaccuracy arises, please inform us so that it can be corrected.
We do not warrant that the Website or its features will be accessible at all times or that it will function in an error free manner. We reserve the right to cease operating the Website or any of its features at any time.
The Website may provide access through links to third-party websites, which MedSpas of Manhattan does not control and for which MedSpas of Manhattan is not responsible. You use these third-party websites at your own risks and pursuant to the Terms and Policies of the third-party websites. You should review the Terms and Policies of any other websites that you visit.
PAYMENT
By agreeing to these Terms of Use, you agree that you have reviewed and understand, acknowledge, and/or certify as true each of the terms below:
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing MedSpas of Manhattan with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your Account for all fees and charges due and payable to us and that no additional notice or consent is required.
You also agree that no claims in connection with Services rendered by MedSpas of Manhattan and associated fees and charges may be submitted to Medicare, federal/state insurance payers, or private insurers by either you or MedSpas of Manhattan.
We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use.
You understand and agree that for any Services provided on an appointment basis, you may be responsible for a missed appointment fee according to the current fee schedule if you do not cancel a scheduled appointment at least twenty-four (24) hours in advance of the scheduled appointment time.
- General Fees. Payments for Services rendered will be charged to the payment method you provide (“Payment Method”). You agree to pay MedSpas of Manhattan all charges due at the prices then in effect for any Services rendered. You authorize MedSpas of Manhattan, or a third-party billing partner, to charge you through your Payment Method for these Services. We reserve the right to correct any errors or mistakes made by any parties after payments have been requested or received. You may terminate your authorization for your Payment Method at any time by contacting us at AllieBill@Tribecamedspa.com or through our third-party billing partner. Such notice will not affect any charges submitted to you for Services performed prior to the termination. We ask that you keep your billing information current and complete and update any information within 72 hours of a change. Please notify us should your Payment Method be canceled or suspended for any reason.
- Fraudulent Billing. Should you become aware of a potential breach of security for your Account or Payment Method, such as unauthorized disclosure or use of your username and/or password, please change your password to your Account immediately through your account settings. Unless you immediately notify us of any such concern, you agree that we may continue billing your Account or Payment Method for as previously agreed, unless you otherwise terminate the authorization for the Account or Payment Method.
- Payment Method. If we do not receive full payment from the third-party payment manager who manages your payment method (“Payment Method Provider”), you agree to pay all amounts due on your Account when requested within sixty (60) days. Any terms imposed separately by your Payment Method Provider are independent of these Terms of Use.
INTELLECTUAL PROPERTY PERMISSIONS AND RESTRICTIONS
MedSpas of Manhattan hereby grants to you a limited, revocable, non-exclusive, non-transferable right to access the Website and to use the Services. The Website is for users over the age of 18 for personal, non-commercial use, subject to compliance with these Terms of Use and in accordance with applicable laws. Use of this Website is for your personal, non-commercial use only; you represent that information you provide is true, accurate, and complete, to the best of your knowledge. The Website is intended for use within the United States. Those choosing to access the Website outside of the U.S. are responsible for compliance with all local laws, including those which may apply to Content on the Website which may be prohibited locally.
The entire contents of this Website, including without limitation, text, design, graphics, images, features, functionality, logos, and other content (collectively, the “Content”) are owned by or licensed to MedSpas of Manhattan, its third-party vendors, and/or other third parties. The Content is protected under United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our terms of use or service, or any applicable end user license agreement for such applications.
- If we provide links to social media features with certain content, you may take such actions as are enabled by those features.
You must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
PROHIBITED USES
You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material in violation of applicable law or these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the MedSpas of Manhattan, a MedSpas of Manhattan employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm MedSpas of Manhattan or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
COPYRIGHT INFRINGEMENT ASSERTIONS
If you believe that any materials on the Website violate your copyright interests, you may request such materials be removed by following these notice and take down procedures. Contact us as: info@TribecaMedSpa.com and provide the following information:
- Identify your works that you believe to be infringed by the materials.
- Sufficient information about the location of the allegedly infringing materials so that we can find and verify their existence.
- Your name, telephone number, mailing address, and email address.
- A statement from the owner of the works or the owner’s authorized representative, under penalty of perjury, that the information supplied is accurate, and that you are the owner or authorized to act on the owner’s behalf.
- A signature or the electronic equivalent from the owner or authorized representative of the owner.
TRADEMARKS
The Company name, the Company logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
USER SUBMISSIONS AND PERSONAL INFORMATION
Any personal information collected and received via form submission or email is submitted voluntarily and may be used to respond back to a user as necessary or as set out in our Privacy Notice. More information regarding personal information and its use on our Website and in our Services can be found in our Privacy Notice.
You agree not to provide any user information that: (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful or that could encourage criminal or unethical behavior; (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (c) contains or transmits a virus or any other harmful component. Additionally, you agree that any information you provide in connection with your use of the Website or Services is being provided (a) by you personally and not on behalf of someone else and (b) accurately to the best of your knowledge.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
GEOGRAPHIC RESTRICTIONS
The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
RIGHT TO MODIFY
We may, at our sole discretion, change, add, or delete portions of these Terms of Use at any time. Any modifications will be communicated to our users in writing and provided to users by email at the email address they have provided, and by posting to the Website. Continued use of the Website and the Services following notice of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms of Use, inclusive of such changes.
DISCLAIMERS
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATIONS ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF LIABILITY, THEN YOU AGREE THAT IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, OR THEIR RESPECTIVE AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND EXCEEDING THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY IN CONNECTION WITH THIS AGREEMENT OR YOUR PAYMENTS TO THE COMPANY, WHICHEVER IS LESS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF LIABILITY, THEN YOU AGREE THAT IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, OR THEIR RESPECTIVE AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND EXCEEDING THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY IN CONNECTION WITH THIS AGREEMENT OR YOUR PAYMENTS TO THE COMPANY, WHICHEVER IS LESS.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD MEDSPAS OF MANHATTAN, ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER, AND ANY SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER THIRD-PARTY PARTNERS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE WEBSITE AND THE SERVICES. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.
DISPUTE RESOLUTION
Except as otherwise set forth in these Terms of Use, you hereby agree to resolve any and all past, present, or future claim, controversy, or dispute of any description (each, a “Dispute”) arising as a result of your use of the Website or the Services, solely pursuant to the terms of the section below.
- Management Resolution. Disputes shall first be referred to each party or their authorized representatives for discussion and resolution (“Management Resolution”).
- Arbitration. Should Management Resolution fail to resolve the Dispute within 60 days of notice of the Dispute, or as otherwise agreed between the parties, then you agree that the Dispute you have arising out of, relating to, or in connection with your relationship or dealings with MedSpas of Manhattan (including any of its predecessors, successors, affiliates, subsidiaries, parent companies, agents, employees, representatives, directors, managers, officers, shareholders, assigns, associates, attorneys, distributors, and all other persons acting on their behalf) shall be resolved by final, binding arbitration (“Arbitration”) administered by the American Arbitration Association (“AAA”) under the AAA’s Consumer Arbitration Rules. You and the Company agree that the arbitrator selected to resolve the Dispute shall also have exclusive authority to resolve all gateway issues of arbitrability, including without limitation all issues of his/her own jurisdiction; all issues about the formation, interpretation, applicability, validity, or enforceability of this arbitration provision, the Terms of Use, or the <<Privacy Notice>>; all issues about what claims or disputes or parties are covered by this arbitration provision; and all substantive or procedural defenses to enforcement of this arbitration provision. You and MedSpas of Manhattan agree and understand that these methods shall be the sole remedy to resolve any controversy or claim arising from or related to the Dispute, and expressly waive their right to file a lawsuit in any civil court against the member or against MedSpas of Manhattan for such disputes, except to enforce an arbitration decision or to compel arbitration.
- Under any event of Arbitration, including but not limited to any action to compel, enforce award of Arbitration or seek injunctive relief pursuant to these Terms of Use, the prevailing party shall be entitled to an award of their reasonable attorney’s fees and costs for such proceeding, including any related trial or levels of appeal.
- Injunctive Relief. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
- Class Action Waiver. Notwithstanding any Rule or Procedure of the AAA, you and we agree that any dispute filed against each other must be on an individual basis and not as a class or collective action. You agree that the arbitrator shall be restricted to resolving only the Dispute between you and MedSpas of Manhattan and will not be allowed to conduct any consolidated or class-wide arbitration proceedings involving claims or disputes of other persons. You waive any right to represent others in a class action or to participate as a class member in any class action.
GOVERNING LAW
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
LIMITATION ON TIME TO FILE CLAIMS
YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver by MedSpas of Manhattan of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MedSpas of Manhattan to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Should any competent court or arbitrator find any provision herein as invalid or unenforceable, that provision will be enforced to the maximum extent permissible and any and all other provisions of these Terms of Use will remain in full force and effect.
ENTIRE AGREEMENT
The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and MedSpas of Manhattan regarding the Website use and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
VIOLATIONS AND FEEDBACK
This Website is operated by MedSpas of Manhattan.
Feedback regarding our Website is welcomed and can be submitted by emailing us at info@TribecaMedSpa.com or contacting us at:
Tribeca MedSpa
114 Hudson Street
New York, NY 10013
United States
Additionally, please report any violations of these Terms of Use to MedSpas of Manhattan at info@TribecaMedSpa.com.