TERMS AND CONDITIONS
Last updated May 04, 2022
TABLE OF CONTENTS
The information provided on the Site is not intended for distribution to or use by anyperson or entity in any jurisdiction or country where such distribution or use would becontrary to law or regulation or which would subject us to any registrationrequirement within such jurisdiction or country. Accordingly, those persons whochoose to access the Site from other locations do so on their own initiative and aresolely responsible for compliance with local laws, if and to the extent local laws areapplicable.
The Site is not tailored to comply with industry-specific regulations (Health InsurancePortability and Accountability Act (HIPAA), Federal Information Security ManagementAct (FISMA), etc.), so if your interactions would be subjected to such laws, you maynot use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the ageof 18 are not permitted to use or register for the Site.
Unless otherwise indicated, the Site is our proprietaryproperty and all source code,databases, functionality, software, websitedesigns, audio, video, text, photographs,and graphics on the Site(collectively, the “Content”) and the trademarks, servicemarks, and logoscontained therein (the “Marks”) are owned or controlled by us orlicensed tous, and are protected by copyright and trademark laws and various otherintellectual property rights and unfair competition laws of the United States,international copyright laws, and international conventions. The Content and theMarks are provided on theSite “AS IS” for your information and personal use only.Except as expressly provided in these Termsof Use, no part of the Site and noContent or Marks may be copied, reproduced,aggregated, republished, uploaded,posted, publicly displayed, encoded,translated, transmitted, distributed, sold,licensed, or otherwise exploitedfor any commercial purpose whatsoever, without ourexpress prior writtenpermission.
Provided that you are eligible to use the Site, you aregranted a limited license toaccess and use the Site and to download or print acopy of any portion of the Contentto which you have properly gained accesssolely for your personal, non-commercialuse. We reserve all rights notexpressly granted to you in and to the Site, the Contentand the Marks.
By using the Site, you represent and warrant that:
(1) all registration information yousubmit will be true, accurate, current, and complete; (2) you will maintain theaccuracy of such information and promptly update such registration information asnecessary
; (3) you have the legal capacity and you agree to comply with these Termsof Use; (4) you are not a minor in the jurisdiction in which you reside
; (5) you will notaccess the Site through automated or non-human means, whether through a bot,script, or otherwise; (6) you will not use the Site for any illegal or unauthorizedpurpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your passwordconfidential and will be responsible for all use of your account and password. Wereserve the right to remove, reclaim, or change a username you select if wedetermine, in our sole discretion, that such username is inappropriate, obscene, orotherwise objectionable.
You may not access or use the Site for any purpose other than that for which wemake the Site available. The Site may not be used in connection with anycommercial endeavors except those that are specifically endorsed or approved byus.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile,directly or indirectly, a collection, compilation, database, or directory withoutwritten permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of theSite, including features that prevent or restrict the use or copying of anyContent or enforce limitations on the use of the Site and/or the Contentcontained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harmanother person.
Make improper use of our support services or submit false reports of abuse ormisconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’suninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, or maintenanceof the Site.
Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username ofanother user.
Upload or transmit (or attempt to upload or to transmit) any material that actsas a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (“gifs”), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as“spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networksor services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agentsengaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrictaccess to the Site, or any portion of the Site.
Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up apart of the Site.
Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Site, or using or launching any unauthorized script or othersoftware.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/oremail addresses of users by electronic or other means for the purpose ofsending unsolicited email, or creating user accounts by automated means orunder false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Siteand/or the Content for any revenue-generating endeavor or commercialenterprise.
Use the Site to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
The creation, distribution, transmission, public display, or performance, and theaccessing, downloading, or copying of your Contributions do not and will notinfringe the proprietary rights, including but not limited to the copyright, patent,trademark, trade secret, or moral rights of any third party.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotionalmaterials, pyramid schemes, chain letters, spam, mass mailings, or otherforms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuseanyone.
Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specificperson or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any thirdparty.
Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being ofminors.
Your Contributions do not include any offensive comments that are connectedto race, national origin, gender, sexual preference, or physical handicap.
By submitting suggestions or other feedback regarding the Site, you agree that wecan use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Site. Youare solely responsible for your Contributions to the Site and you expressly agree toexonerate us from any and all responsibility and to refrain from any legal actionagainst us regarding your Contributions.
We may provide you areas on the Site to leave reviews or ratings. When posting areview, you must comply with the following criteria: (1) you should have firsthandexperience with the person/entity being reviewed; (2) your reviews should not containoffensive profanity, or abusive, racist, offensive, or hate language; (3) your reviewsshould not contain discriminatory references based on religion, race, gender, nationalorigin, age, marital status, sexual orientation, or disability; (4) your reviews should notcontain references to illegal activity; (5) you should not be affiliated with competitors ifposting negative reviews; (6) you should not make any conclusions as to the legalityof conduct; (7) you may not post any false or misleading statements; and (8) you maynot organize a campaign encouraging others to post reviews, whether positive ornegative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutelyno obligation to screen reviews or to delete reviews, even if anyone considersreviews objectionable or inaccurate. Reviews are not endorsed by us, and do notnecessarily represent our opinions or the views of any of our affiliates or partners. Wedo not assume liability for any review or for any claims, liabilities, or losses resultingfrom any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right andlicense to reproduce, modify, translate, transmit by any means, display, perform,and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas,feedback, or other information regarding the Site (“Submissions”) provided by you tous are non-confidential and shall become our sole property. We shall own exclusiverights, including all intellectual property rights, and shall be entitled to the unrestricteduse and dissemination of these Submissions for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you. You hereby waive allmoral rights to any such Submissions, and you hereby warrant that any suchSubmissions are original with you or that you have the right to submit suchSubmissions. You agree there shall be no recourse against us for any alleged oractual infringement or misappropriation of any proprietary right in your Submissions.
YOUR ACCOUNTAND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminateor suspend your account for any reason, you are prohibited fromregistering andcreating a new account under your name, a fake or borrowed name,or the name ofany third party, even if you may be acting on behalf of the third party.Inaddition to terminating or suspending your account, we reserve the right totakeappropriate legal action, including without limitation pursuing civil,criminal, andinjunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at anytime or for any reason at our sole discretion without notice. However, we have noobligation to update any information on our Site. We also reserve the right to modifyor discontinue all or part of the Site without notice at any time. We will not be liable toyou or any third party for any modification, price change, suspension, ordiscontinuance of the Site.
We cannot guaranteethe Site will be available at all times. We may experiencehardware, software,or other problems or need to perform maintenance related to theSite, resultingin interruptions, delays, or errors. Wereserve the right to change,revise, update, suspend, discontinue, or otherwisemodify the Site at any time or forany reason without notice to you. You agree that we have no liabilitywhatsoever forany loss, damage, or inconvenience caused by your inability toaccess or use theSite during any downtime or discontinuance of the Site. Nothing in these Terms ofUse will beconstrued to obligate us to maintain and support the Site or to supply anycorrections, updates, or releases in connection therewith.
the State of Oklahoma applicable to agreements madeand to be entirely performed within
the State of Oklahoma, without regard to itsconflict of law principles.
If the Parties are unable to resolve a Dispute through informal negotiations, theDispute (except those Disputes expressly excluded below) will be finally andexclusively resolved through binding arbitration. YOU UNDERSTAND THATWITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURTAND HAVE A JURY TRIAL. The arbitration shall be commenced and conductedunder the Commercial Arbitration Rules of the American Arbitration Association(“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for ConsumerRelated Disputes (“AAA Consumer Rules”), both of which are available at the AAAwebsite: www.adr.org. Your arbitration fees and your share of arbitrator compensationshall be governed by the AAA Consumer Rules and, where appropriate, limited bythe AAA Consumer Rules.
The arbitration may be conducted in person, through thesubmission of documents, by phone, or online. The arbitrator will make a decision inwriting, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged ifthe arbitrator fails to do so. Except where otherwise required by the applicable AAArules or applicable law, the arbitration will take place in Oklahoma, Oklahoma. Exceptas otherwise provided herein, the Parties may litigate in court to compel arbitration,stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgmenton the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site becommenced more than one (1) years after the cause of action arose. If this provisionis found to be illegal or unenforceable, then neither Party will elect to arbitrate anyDispute falling within that portion of this provision found to be illegal orunenforceable, and such Dispute shall be decided by a court of competentjurisdiction within the courts listed for jurisdiction above, and the Parties agree tosubmit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between theParties individually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for any Dispute tobe arbitrated on a class-action basis or to utilize class action procedures; and (c)there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisionsconcerning informal negotiations and binding arbitration: (a) any Disputes seeking toenforce or protect, or concerning the validity of, any of the intellectual property rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If thisprovision is found to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competent jurisdictionwithin the courts listed for jurisdiction above, and the Parties agree to submit to thepersonal jurisdiction of that court.
There may beinformation on the Site that contains typographical errors,inaccuracies, oromissions, including descriptions, pricing, availability, and variousotherinformation. We reserve the right tocorrect any errors, inaccuracies, oromissions and to change or update theinformation on the Site at any time, withoutprior notice.
THE SITE IS PROVIDEDON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREETHAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLERISK. TO THEFULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALLWARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE SITE ANDYOUR USE THEREOF, INCLUDING, WITHOUTLIMITATION, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ORREPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THESITE’S CONTENT OR THE CONTENT OF ANYWEBSITES LINKED TO THE SITEAND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITYFOR ANY (1)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROMYOUR ACCESS TO AND USE OF THE SITE, (3) ANYUNAUTHORIZED ACCESS TO OR USE OFOUR SECURE SERVERS AND/ORANY AND ALL PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OFTRANSMISSIONTO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJANHORSES, OR THE LIKE WHICHMAY BE TRANSMITTED TO OR THROUGH THESITE BY ANY THIRD PARTY, AND/OR (6) ANYERRORS OR OMISSIONS IN ANYCONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OFANY KINDINCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOTWARRANT, ENDORSE, GUARANTEE,OR ASSUME RESPONSIBILITY FOR ANYPRODUCT OR SERVICE ADVERTISED OR OFFERED BY ATHIRD PARTYTHROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE ORMOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,AND WE WILL NOT BE APARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOUAND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THEPURCHASE OF APRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,YOUSHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THELESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6)MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOWLIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONOF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OFTHE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, ANDYOU MAY HAVE ADDITIONAL RIGHTS.
You agree todefend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, andemployees, fromand against any loss, damage, liability, claim, or demand, includingreasonableattorneys’ fees and expenses, made by any third party due to orarising out of:
We will maintaincertain data that you transmit to the Site for the purpose ofmanaging theperformance of the Site, as well as data relating to your use of the Site.Although we perform regular routine backupsof data, you are solely responsible forall data that you transmit or thatrelates to any activity you have undertaken using theSite. You agreethat we shall have no liability to you for any loss or corruption of anysuchdata, and you hereby waive any right of action against us arising from any suchloss or corruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agreethat all agreements, notices, disclosures, and other communications we provide toyou electronically, via email and on the Site, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OFELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OFTRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. Youhereby waive any rights or requirements under any statutes, regulations, rules,ordinances, or other laws in any jurisdiction which require an original signature ordelivery or retention of non-electronic records, or to payments or the granting ofcredits by any means other than electronic means.
If any complaintwith us is not satisfactorily resolved, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the CaliforniaDepartment ofConsumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento,California 95834 or by telephone at (800) 952-5210 or (916)445-1254.
In order to resolve a complaint regarding the Site or to receive further informationregarding use of the Site, please contact us at:
Scars and Stripes Wellness
1940 Roveto Ct. Edmond, OK 73034