Terms, Conditions & Disclaimer
Content on our website is provided for your general informational purposes and should not be considered medical advice. Product information is not intended to diagnose, treat, cure or prevent any disease. Comments and feedback about product effectiveness are based on customer, staff and family opinions and should not be substituted for medical care.
Bay Harbour Med Spa is not liable for any individual reaction to any particular ingredient. Remember to read our labels and ingredient lists carefully and follow the appropriate directions for use. If you have a specific allergy or sensitivity, do not use ingredients that may trigger a reaction. An allergy patch test is recommended if there is any doubt or history of skin reactions. Discontinue use if a reaction occurs. Please consult a healthcare provider if you have any questions about a particular health condition. Information on this website has not been evaluated or approved by the Food & Drug Administration.
DO NOT USE products if you have active herpes, eczema, dermatitis or any known or unknown allergies. Doing so is at your own risk and absolves Bay Harbour Med Spa of any and all forms of liability.
Your use of this Website, including, informational materials or any other services provided through the Website, shall be deemed to constitute your consent to be bound by the terms and conditions of this Agreement and shall be enforceable in the same way as if you had signed this Agreement. If you are not willing to accept the terms and conditions in this Agreement, we ask that you do not use the Website or order any items from it. This Agreement governs and applies to your access to and use of this Website and its related domains on which this document appears, any order you place through this Website and Websites on which the document appears, and, as applicable, your use of other products or services of Bay Harbour Med Spa. To the extent of any express inconsistency with any other agreement you may have with Bay Harbour Med Spa for products, services, or otherwise, that other agreement shall prevail unless explicitly stated therein. If this Agreement refers or relates to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Website.
This Website is intended for visitors from the United States. The Website is not intended for any children under the age of 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE BAY HARBOUR MED SPA’S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
Modification or Suspension of the Web Site
You agree that Bay Harbour Med Spa, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that Bay Harbour Med Spa will not be liable for the consequences of doing so.
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
BAY HARBOUR MED SPA AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE BAY HARBOUR MED SPA STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, BAY HARBOUR MED SPA CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
DISCLAIMER of WARRANTIES WITH RESPECT to PRODUCTS/PURCHASED GOODS
BAY HARBOUR MED SPA MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITS PRODUCTS/PURCHASED GOODS, OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BAY HARBOUR MED SPA OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Electronic Signatures and Agreements
LIMITATION of LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BAY HARBOUR MED SPA, ITS SUPPLIERS, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITE.
You agree to indemnify and hold harmless Bay Harbour Med Spa, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Website; information you submit or transmit through the Website; your breach of this Agreement; and your connection to the Website.
APPLICABLE LAW & DISPUTE RESOLUTION
You hereby waive any and all rights to file and/or claim punitive, incidental or consequential damages, attorney’s fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with this Agreement.
In order to avoid irreparable injury to Bay Harbour Med Spa, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Bay Harbour Med Spa from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
Modification to Agreement
Bay Harbour Med Spa may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Website without notice to you. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of this Agreement has been posted. These Terms and Conditions supersede any other terms and conditions previously published by Bay Harbour Med Spa on this Website and any other representations or statements made by Bay Harbour Med Spa to you, whether oral, written, or otherwise. Bay Harbour Med Spa may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by Bay Harbour Med Spa in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect Bay Harbour Med Spa’s ability to subsequently exercise that right or remedy. Any waiver must be agreed by Bay Harbour Med Spa in writing.