Electronic Communications
Visiting SmileySkinBeauty.com or sending emails to Smiley Skin constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Smiley Skin does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use SmileySkinBeauty.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Cancellations / Reschedules that occur less than 48-hours before your appointment will be charged a 50% fee for the scheduled service. Clients that fail to appear or miss their appointment will be charged a “no show” fee of 50% of the scheduled service.
Should a payment be declined or unable to be processed, we kindly request that any outstanding balance be settled prior to scheduling any future appointments. In the unlikely event that a client has a history of three “no shows,” we regret to inform you that they will no longer be eligible to book appointments with Smiley Skin.
Please note that a 15-minute grace period is allowed for late arrivals for regular treatments; however, if you have booked a shorter service (under 50-minutes), there is only a 5-minute grace period. Arrivals beyond the grace period, will be rescheduled and will result in a 50% fee of the scheduled service.If you are going to be more than 15 minutes late, and have not contacted us prior to arrival, your appointment will be cancelled, and will result in a fee of 50% of the scheduled service price.
All services rendered and retail products purchased at Smiley Skin are non-refundable. All sales are final, and exchanges or returns are not available. However, if you experience a reaction to a purchased product, kindly email us at SmileySkinllc@gmail.com to explore potential options with our team at Smiley Skin. Your satisfaction and well-being are our utmost priority.
Please be aware that products purchased through online 3rd party website retailers are governed by the return policy of those specific websites, as they operate independently from Smiley Skin. For any inquiries regarding product returns or exchanges, we kindly ask you to directly contact the respective company. They will be able to assist you according to their policies.
Policies on Services Delivered by Third Party Sites and Organizations
SmileySkinBeauty.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Smiley Skin and Smiley Skin is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Smiley Skin is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Smiley Skin of the site or any association with its operators.
Certain services made available via SmileySkinBeauty.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the SmileySkinBeauty.com domain, you hereby acknowledge and consent that Smiley Skin may share such information and data with any third party with whom Smiley Skin has a contractual relationship to provide the requested product, service or functionality on behalf of SmileySkinBeauty.com users and customers.
Policies on Prohibited Use of Website and Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use SmileySkinBeauty.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Smiley Skin that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Smiley Skin or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Smiley Skin content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Smiley Skin and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Smiley Skin or our licensors except as expressly authorized by these Terms.
Information Sharing with Third Party Accounts
You will be able to connect your Smiley Skin account to third party accounts. By connecting your Smiley Skin account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Policies on International Website Users
The Service is controlled, operated and administered by Smiley Skin from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Smiley Skin Content accessed through SmileySkinBeauty.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Policies Regarding Indemnification and Arbitration
You agree to indemnify, defend and hold harmless Smiley Skin, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Smiley Skin reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Smiley Skin in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SMILEY SKIN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SMILEY SKIN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SMILEY SKIN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMILEY SKIN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SMILEY SKIN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Policy on When Smiley Skin Can Terminate/Restrict Access to Its Website
Smiley Skin reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smiley Skin as a result of this agreement or use of the Site. Smiley Skin’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Smiley Skin’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Smiley Skin with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Smiley Skin with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Smiley Skin with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.