Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Mountain Radiance Medical Spa, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
- Your mountainradiance.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Mountain Radiance Medical Spa may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Mountain Radiance Medical Spa liability. You must immediately notify Mountain Radiance Medical Spa of any unauthorized uses of your blog, your account or any other breaches of security. Mountain Radiance Medical Spa will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Mountain Radiance Medical Spa or otherwise.
By submitting Content to Mountain Radiance Medical Spa for inclusion on your Website, you grant Mountain Radiance Medical Spa a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Mountain Radiance Medical Spa will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Mountain Radiance Medical Spa has the right (though not the obligation) to, in Mountain Radiance Medical Spa’s sole discretion (i) refuse or remove any content that, in Mountain Radiance Medical Spa’s reasonable opinion, violates any Mountain Radiance Medical Spa policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Mountain Radiance Medical Spa’s sole discretion. Mountain Radiance Medical Spa will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Mountain Radiance Medical Spa the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Mountain Radiance Medical Spa before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Mountain Radiance Medical Spa in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Mountain Radiance Medical Spa the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Mountain Radiance Medical Spa reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Mountain Radiance Medical Spa.
- Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Mountain Radiance Medical Spa to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free mountainradiance.com services. All support will be provided in accordance with Mountain Radiance Medical Spa standard services practices, procedures and policies.
- Responsibility of Website Visitors. Mountain Radiance Medical Spa has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Mountain Radiance Medical Spa does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Mountain Radiance Medical Spa disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which mountainradiance.com links, and that link to mountainradiance.com. Mountain Radiance Medical Spa does not have any control over those non-Mountain Radiance Medical Spa websites and webpages, and is not responsible for their contents or their use. By linking to a non-Mountain Radiance Medical Spa website or webpage, Mountain Radiance Medical Spa does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mountain Radiance Medical Spa disclaims any responsibility for any harm resulting from your use of non-Mountain Radiance Medical Spa websites and webpages.
- Copyright Infringement and DMCA Policy. As Mountain Radiance Medical Spa asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by mountainradiance.com violates your copyright, you are encouraged to notify Mountain Radiance Medical Spa in accordance with Mountain Radiance Medical Spa’s Digital Millennium Copyright Act (“DMCA”) Policy. Mountain Radiance Medical Spa will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Mountain Radiance Medical Spa will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Mountain Radiance Medical Spa or others. In the case of such termination, Mountain Radiance Medical Spa will have no obligation to provide a refund of any amounts previously paid to Mountain Radiance Medical Spa.
- Intellectual Property. This Agreement does not transfer from Mountain Radiance Medical Spa to you any Mountain Radiance Medical Spa or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mountain Radiance Medical Spa. Mountain Radiance Medical Spa, mountainradiance.com, the mountainradiance.com logo, and all other trademarks, service marks, graphics and logos used in connection with mountainradiance.com, or the Website are trademarks or registered trademarks of Mountain Radiance Medical Spa or Mountain Radiance Medical Spa’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Mountain Radiance Medical Spa or third-party trademarks.
- Advertisements. Mountain Radiance Medical Spa reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Mountain Radiance Medical Spa reserves the right to display attribution links such as ‘Blog at mountainradiance.com,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. Mountain Radiance Medical Spa reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Mountain Radiance Medical Spa may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Mountain Radiance Medical Spa may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your mountainradiance.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Mountain Radiance Medical Spa if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Mountain Radiance Medical Spa’s notice to you thereof; provided that, Mountain Radiance Medical Spa can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Mountain Radiance Medical Spa and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mountain Radiance Medical Spa nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Mountain Radiance Medical Spa, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mountain Radiance Medical Spa under this agreement during the twelve (12) month period prior to the cause of action. Mountain Radiance Medical Spa shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Mountain Radiance Medical Spa, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Mountain Radiance Medical Spa and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mountain Radiance Medical Spa, or by the posting by Mountain Radiance Medical Spa of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of North Carolina, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Bumcombe County, North Carolina. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Asheville, NC, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Mountain Radiance Medical Spa may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site.
We may collect, store and use the following kinds of personal information:
- Information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation);
- Information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services;
- Information that you provide to us for the purpose of registering with us;
- Information that you provide us in the form of a wish list, favorite procedures, or favorite before and after photo images.
- Information that you provide to us for the purpose of subscribing to our website services, requesting information by using a web form, email notifications and/or newsletters; and
- Any other information that you choose to send to us;
We will use your information to respond to you, regarding the reason you contacted us. We may share your information with another third party outside of our organization, if necessary to fulfill your request (e.g. to ship an order) or to facilitate our organization in managing our website.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, or new products or services.
Your Access To and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
- We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.
- We will store all the personal information you provide on our secure (password and firewall-protected) servers.
- Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
We may accept orders and, if we do, we request information from you on our order form. To buy from us, you must provide contact information (e.g. name and shipping address) and financial information (e.g. credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to login a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site.
- We do not honor the Do Not Track (DNT) web browser privacy preference at this time.
Adwords and Remarketing
We may use Google AdWords Remarketing to advertise mountainradiance.com across the Internet, in particular on the Google Display Network, in Google Search Results, and on other web sites, including others owned by Google.
- AdWords remarketing will display ads to you based on what parts of the mountainradiance.com website you have viewed by placing a cookie on your web browser.
- This cookie does not in any way identify you or give access to your computer or mobile device.
- The cookie is used to indicate to other websites that “This person visited a particular page, so show them ads relating to that page.”
- Google AdWords Remarketing allows us to tailor our marketing to better suit your needs and only display ads that are relevant to you.
- If you do not wish to see ads from mountainradiance.com you can opt out in several ways:
We may share aggregated demographic information with our partners and advertisers.
We may also:
- Use an outside shipping company to ship orders,
- Use a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.
- Partner with another party to provide specific services. We will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
In Addition, We May Disclose Your Personal Information:
- To the extent that we are required to do so by law;
- In connection with any ongoing or prospective legal proceedings;
- In order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
- To the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
- To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Effective: March 31, 2022