Last Updated: August 16, 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS.
The policies below are applicable to all Javan Wellness LLC (“Javan“) websites and mobile applications, including www.javanwellness.com; text messages, online chats, blog posts, social media posts, content images, audio, or other formats, all e-mail newsletters published or distributed by; and all other interactive features and communications provided by Javan, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Javan (referred collectively herein as “Javan” or “we“, “us“, or “our“) (“Website“).
YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
- Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted herein is provided for informational purposes only are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate only and are provided for informational purposes only. Javan makes reasonable efforts to accurately display the attributes of products; however, no warranty or guarantee is made whatsoever as to the accuracy of the information contained herein. The content provided on this Website is not intended to be a substitute for professional medical advice, diagnosis or treatments. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. The inclusion of any products or services on this Website does not imply or warrant that these products or services will be available at any time.
- Payment Authorization, Fees, and Cancellation Policy. Treatments are reserved specifically for your needs based on availability. We prepare the rooms and products to be used for each service according to the scheduled appointments for that day. In order to best accommodate your request we require a 24 hour notification for any changes or cancellations for individual services and 48 hours for multiple services. For all charges or deposits for any events, products and/or services booked or ordered by you on or through the Website, Javan or its vendors or agents will bill your bank card or alternative payment method offered by Javan and you agree to pay all such charges or deposits, including any applicable cancellation fees. When you provide bank or credit card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank or credit card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Javan and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You understand that we will hold and store such bank card, credit card or other payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes. Gift certificates are only redeemable at Javan for the amount or service specified on the gift certificate, and by the expiration date indicated. If a specified service is no longer available by the time the gift certificate is redeemed, the original gift certificate dollar value can be applied towards another service. Gift certificates are subject to expiration dates and other restrictions and are not assignable, redeemable for cash and cannot be returned for a cash refund. We understand that situations may arise that could force you to cancel or postpone your treatment. Please understand that such changes affect not only our staff but other patients as well, so your courtesy and compliance with the policies set forth herein is appreciated. If you need to cancel or reschedule your appointment for any reason, please provide advance-notice of the same. At least 24 hours’ notice for a single service appointment, or 48 hours’ notice for a multiple service-appointment, is required. Should you fail to provide: (i) at least 24 hours’ notice of your need to cancel or reschedule a single service appointment; (ii) at least 48 hours’ notice of your need to cancel or reschedule a multiple service appointment; (iii) or should you otherwise fail to keep your appointment, your credit card will be charged a Cancellation Fee of $75 for the visit.
- Service and Product Refund Policy. All sales are final. There are no refunds on individual or packaged services, unless otherwise determined by Javan’s management, it its sole ad absolute discretion. There are no cash/credit back refunds. If Javan determines a refund is appropriate, the client will receive in-store credit only. Please note that Service Providers are not permitted to grant refunds at any time. Services may be rendered by any qualified Service Providers. In the event a package or series of treatments has begun these services will be considered to have been rendered even though the full series may not have been completed. Should you wish to discontinue your treatment in the midst of a series, in-store credit for the pro-rate share of unused treatments at the discounted package price may be extended, and this may be used to purchase other treatments or products offered by Javan, or it may be transferred to another individual to be used in exchange for treatments or products of comparable value to the in-store credit. As a courtesy only, products (opened or unopened) may be exchanged for in-store credit, only with a valid receipt and where a physician has attested in writing to an existing, or likely, allergic reaction resulting from the client’s current, or intended, use of such product. In such an event, the product in question must be returned to Javan no later than ten (10) calendar days after purchase. Use all products only as directed.
- Account Registration. You understand that you may need to create an account to place orders and to have access to the entire Website. To use the Website, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration or subscription page (such information being the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Java has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Javan has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Website using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. We have the right to provide user billing, account, content, purchase or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
- Use of this Website. The design of this Website and all text, graphics, images, video, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The content, software and other technology components of this Website are owned by Javan Wellness, LLC or its respective affiliates or suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
- Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Javan. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Javan or such other owner.
- Linking to this Website. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is strictly prohibited. Any permitted links to this Website must comply will all applicable laws, rules and regulations.
- Third Party Links. From time to time, this Website may contain links to websites that are not owned, operated or controlled by Javan or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
- Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered offensive, a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole and absolute discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
- Contests, Sweepstakes and Games. From time to time Javan may offer contests, sweepstakes and games. Additional terms and conditions will apply to your participation in each contest, sweepstakes or game.
- DISCLAIMERS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER JAVAN NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER JAVAN NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST JAVAN, ITS RESPECTIVE OFFICERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE ARISING OUT OF, OR IN CONJUNCTION WITH YOUR USE OF THE WEBSITE.
- LIMITATIONS OF LIABILITY. Neither Javan nor its affiliates nor suppliers assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL JAVAN, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
- Termination. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
- Health Related Information. The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by healthcare or nutrition professionals employed by or contracting with Javan) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration (“FDA”) and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
- CoolSculptingÒ. CoolSculpting procedure is FDA-cleared for the treatment of visible fat bulges in the submental area, thigh, abdomen and flank, along with bra fat, back fat, underneath the buttocks and upper arm. CoolSculpting procedures at Javan are carried out under license only and by trained personnel. Javan makes no claim whatsoever to any CoolSculpting trademark, copyright or other intellectual property.
- Americans with Disabilities Act. Javan supports and uses its best efforts to secure full compliance with the Americans with Disabilities Act (“ADA”). Title III of the ADA prohibits discrimination against persons with disabilities in places of public accommodation and commercial facilities and will not tolerate any such discrimination. Javan pledges to utilize reasonable efforts to ensure compliance with the ADA in its places of public accommodation and commercial facilities.
- Human Models/Lifestyle Photos. Models/lifestyle photos do not reflect racial or ethnic preference.
- Indemnity. You agree to indemnify and hold Javan and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
- Domestic Use; Export Restriction. We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
- Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
- Right to Takedown Content. Javan shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms and Conditions access to the Website or any part thereof.
- General. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at Javan, Marketing Department – 1626 U Street NW, Washington, DC 20009, Attn: Privacy Manager or e-mail us at email@example.com.
- Entire Agreement. These Terms and Conditions, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between Javan and you relating to the subject matter hereof and supersedes any prior versions of these Terms and Conditions as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
- Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website.