Effective Date: December 5, 2022
These Terms apply to your use of this Site and the Services, generally. It does not apply to the more specific terms of any therapist-patient arrangement that you make with UWS. Such an arrangement, if any, will be governed by a separate agreement or understanding between you and UWS.
The Site may also be provided as a portal to review, select, and purchase services or products from UWS or its affiliates, and to offer an on-line technology platform and access to and use of UWS’s programs, information, services, and products. In the future, UWS may elect to provide clients and others with an on-line platform via an UWS account. Before you continue using the Site or the Services, it is important that you review the Terms.
The Services and the Site are owned and operated by UWS. Except as permitted under this Agreement, copying, storing, displaying, reproducing, distributing, selling, licensing, sublicensing, publishing or creating derivative works of any programs, content or materials on the Site or available through the Services are expressly prohibited without the prior written permission of UWS. All programs, images, media, and content created by UWS (“Content“) are the sole property of UWS. UWS retains ownership and licensing rights to all Content.
By entering and using the Site or Services, you accept these Terms and agree to be bound by them. Acceptance of these Terms creates a binding contract between you and UWS that you will use the Services only in a manner consistent with these Terms. Your use of the Site and the Services is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Site or Services. Specific pages on the Site may set out additional terms and conditions which, in addition to these Terms, shall be binding upon you with respect to those pages. In the case of inconsistencies between these Terms and information included in other materials which are not agreements (for example, promotional materials and mailers), these Terms will control with respect to the Site and Services. We require that you be 16 years or older to use the Site or Services; if you are under 16 years old, you should not access or use the Site or Services.
Inventions, features, and services within UWS products, if any, may be the subject matter of future patents or other intellectual property protection. Such subject matter is also confidential and protected by the Uniform Trade Secrets Act.
The following are some of the service marks of UWS: UPPER WEST SPA℠ , UWS℠, and the UWS logos (viewable on the website). UWS’s service marks may be registered in the United States and other countries. UWS reserves all rights with respect to its service marks, trademarks, logos, trade names, trade dress and other indicia (“Marks“). UWS does not routinely accept or review specific requests for guidance on the use of its Marks. Any unauthorized use of a UWS-owned Mark, or any use of a mark that is confusingly similar to, or likely to cause confusion with, a UWS-owned Mark, would constitute infringement of UWS’s exclusive trademark rights.
All brand, product, and service names used on the Site or in these Services which identify UWS or third parties and their products and services are proprietary marks of UWS and/or the relevant third parties. Nothing in the Terms shall be deemed to confer on any person any license or right on the part of UWS or any third party with respect to any such image, logo or name.
Designated Copyright Agent and Address of Agent:
Attn: David M. Slater, Esq.
Slater Law PLLC
240 West 73rd Street, Suite 701
New York, NY 10023
UWS grants you a non-exclusive, non-transferable, limited right to access, view, use, display and print information on this site, including all the materials provided hereon, for your personal, informational, noncommercial use only. You may not copy, modify, reproduce, create derivative works from, distribute, transmit, license, or sell any content or any portion of this site without the prior express written consent of UWS. UWS will sometimes grant permission for such use so long as UWS is properly acknowledged, but the prior express written consent of UWS is required.
If we provide a function on the Site which permits you to register as an UWS user, you may be asked to provide a password. If so, you are the only person permitted to use this password to access and use the Services. As you will be responsible for all activities that occur under your password, you are responsible for maintaining the confidentiality of your password. You must notify UWS immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure. We may rely on the authority of anyone using your password, and in no event and under no circumstances shall we be liable for any compromise of the confidentiality of your password or any unauthorized access using your password.
You agree that the information that you provide to us on registration, if any, and at all other times, including all information you provide when using the Services, will be true, accurate, current and complete. You also agree that you will insure that this information is always kept accurate and up to date. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account, your correspondence, and your orders, if applicable. You agree that UWS is free to use any such information without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, developing, modifying, manufacturing, and marketing products and services and modifying or improving the Site and Services.
You agree that you will not:
THE SERVICES, THE SITE, THE UWS CONTENT, AND ALL OTHER UWS SERVICES AND PRODUCTS ARE PROVIDED BY US “AS IS” WITHOUT ANY OTHER WARRANTIES WHATSOEVER. ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, UWS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ITS SERVICES. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
THE UWS CONTENT AND PROGRAMS, AND ALL OTHER INFORMATION ON THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL SKIN, MASSAGE AND SPA TREATMENTS AND RELATED SERVICES OR THE SERVICES OF A LICENSED SKINCARE OR OTHER PROFESSIONAL. YOUR USE OF THE SITE OR SERVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT CREATE A PROFESSIONAL-CLIENT RELATIONSHIP WITH UWS OR ITS STAFF. UWS DOES NOT GUARANTEE THE ACCURACY OF ANY OF THE CONTENT ON THIS SITE, AND YOUR RELIANCE OR USE OF THE CONTENT IS AT YOUR OWN SOLE RISK.
BY AGREEING TO AND ACCEPTING THESE TERMS, YOU HEREBY IRREVOCABLY RELEASE UWS FROM LIABILITY OF ANY KIND, AND FOR ANY CONSEQUENCE(S) ARISING FROM THE USE OF UWS SERVICES OR THE SITE. YOU USE THE SERVICES AND SITE AT YOUR OWN SOLE RISK AND YOU ASSSUME ALL RISK FOR INJURIES THAT YOU MAY INCUR REGARDLESS OF FAULT OR NEGLIGENCE.
You agree to indemnify, defend and hold harmless UWS, its officers, directors, employees, agents, licensors, suppliers and any third-party service providers to the Site and/or Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising from: any breach of these Terms or of any representation, warranty, or covenant you make herein; your access to and use of the Site; your use of the Services or purchase of Products; your participation in any UWS appointment or program; your use of third-party content; and your grant of rights and licenses to UWS pursuant to these Terms.
The rate for any Paid Services or Products, if any, may be set forth in an UWS proposal, statement, web page, or other document. All rates are generally stated in U.S. dollars and are valid until altered by us. If a Paid Service or Product is mistakenly listed at an incorrect rate, UWS reserves the right to refuse or cancel any appointments or orders placed for the Paid Service or Product listed at the incorrect rate. UWS reserves the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged or you made payment in advance by check. If your credit card has already been charged for the purchase or you have paid in advance by check, and your order is cancelled, UWS shall issue a credit to you in the amount of the incorrect rate. Risk of loss and title to any products that you may purchase from us passes to you upon our delivery of such products to the carrier.
Assignment. You may not assign the Agreement and/or any of the rights or obligations contained herein. UWS may freely assign this Agreement and the rights and obligations contained herein.
Notices. UWS may notify you of certain events relating to the Site or Services, or your use of the Site or Services. We may choose to notify you of these matters via a general notice on the Site, electronic mail to your e-mail address on record in UWS’s account information, or by written communication sent by U.S. mail, postage pre-paid, to your address on record in UWS’s account information. If we notify you by mail, mail notice shall be deemed to have been given upon the expiration of five days after mailing (ten days if to an address outside of the US); if we send you notice by email, such notice shall be deemed to have been given upon the expiration of twenty-four (24) hours after sending. You may give notice to UWS (such notice shall be deemed given when received by UWS) at any time only by letter delivered by nationally recognized overnight delivery service or first class postage-prepaid mail to UWS at the following address:
Upper West Spa LLC
187 Amsterdam Ave
New York NY 10023