Privacy Policy

RELEASE AND WAIVER OF LIABILITY

I have read and understand this waiver and have been fully informed of all Spa Marija Medical Spa terms and conditions as well as benefits and limitations. I certify that I have disclosed all medical conditions that might affect my treatments as well as previous products and services used and their side effects, if any.  or authorized staff of Spa Marija Medical Spa (collectively referred to as “Spa Marija” disclaims liability for any loss, injury, claim or damage related to your use of its products and services, including without limitation, those resulting from errors or omissions, a site or application being down, data loss, and unsatisfactory aesthetic outcomes. Spa Marija will not be liable to you for any indirect, incidental, consequential, reliance or special damages, including without limitation damages arising from any court action or legal dispute. In no event shall the aggregate liability of Spa Marija, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of Spa Marija’s products or services, exceed any compensation paid by you for treatment by Spa Marija during the three months prior to the date of any claim. I release my providers from any injury or complication resulting from undiagnosed medical conditions present during my treatment. I assume all responsibility for updating changes in physical and mental condition.

INDEMNIFICATION

You will indemnify and hold harmless  or authorized staff of Spa Marija Medical Spa (collectively referred to as Spa Marija) and its officers, agents, employees, representatives, and assigns from any costs, damages, expenses, and liability caused by your use of any of Spa Marija’s products and services

CANCELLATION POLICY

Please note our Cancellation Policy: In the event of a no-show or cancel/reschedule your appointment less than 24 hrs in advance, we charge 50% of the existing appointment fee to the card on file or apply the booking deposits made on the account towards this fee. It’s important to respect the time of both our patients and staff and your understanding in this matter is greatly appreciated!

If you arrive more than 15 minutes late for your appointment, you may be required to reschedule to avoid disrupting the appointments of other patients.

There are no exceptions to these policies.

Please note our Cancellation Policy: In the event of a no-show or cancel/reschedule your appointment less than 24 hrs in advance, we charge a $100 fee to the card on file or apply the booking deposits made on the account towards this fee. It’s important to 

TEXT/EMAIL MARKETING

With your permission, we may send text messages and emails about our store, new products, and other updates. Updates include but are not limited to: text messages/ emails about appointment reminders, confirmations, cancellations, any and all changes made to any appointments, promotions, specials and deals, updates about the spa, informational messages, etc.

Purchase Policy

All sales are considered final, but Spa Marija reserves the right, at their sole discretion, to refund all or part of a sale on a case-by-case basis.

TERMS AND CONDITIONS OF USE

1. INTRODUCTION These Terms and Conditions of use are an agreement between you (“Customer,” or “you” or “your”) and  or authorized staff of Spa Marija Medical Spa (collectively referred to as “Spa Marija,” or “we,“ “us” or “our”). By using any of our products and services, you agree that you are at least 18 years old, legally able to enter into a contract, and have read and consented to this agreement. We plan to update this Agreement from time to time, so please check back regularly. All updates are effective immediately when we post them, and apply to all access to and use of Spa Marija’s products or services thereafter.
2. DESCRIPTION OF Spa Marija Spa Marija is a medical spa that offers aesthetic services that include but are not limited to laser, injectables and other cosmetic skin and body treatments.
3. VALIDITY OF ELECTRONIC SIGNATURES Spa Marija uses electronic signatures in the course of doing business that are valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. Erasable  does not authenticate users’ signatures or identities.
4. PAYMENTS

4.1 Payment. Customer must pay fees according to the payment terms specified at the time services are ordered

4.2 Failure to Pay. If Customer fails to pay, Spa Marija may, in its sole discretion, terminate, suspend or restrict provision of its products and services. We may charge interest at a monthly rate equal to the lesser of 1.5% per month or the maximum rate permitted by applicable law on any overdue fees, from the due date until the date any overdue amount (plus applicable interest) is paid in full. Clients may be sent to collections if the balance is left unpaid. 

4.3 Disputes. If Customer believes in good faith that Spa Marija has incorrectly billed Customer, the Customer must contact Spa Marija in writing within 30 days of the billing date, specifying the error. Unless Customer has notified Spa Marija of the dispute, Customer must reimburse Spa Marija’s reasonable collection costs (including attorney’s fees). Customers must pay the undisputed portions of Spa Marija ’s invoice as required by this Agreement.

4.4 Taxes. Prices do not include applicable taxes. Spa Marija will invoice Customer for any applicable taxes, and Customer must pay these taxes.

4.5 Delivery. Spa Marija’s products and/or services are deemed to be delivered and accepted upon payment.

4.6 Refunds. All sales are considered final, but Spa Marija reserves the right, at their sole discretion, to refund all or part of a sale on a case-by-case basis.

4.7 Other Promotions. We may run promotional offers from time to time, the terms of which are promoted on our website or in emails. Promotions may not be combined. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.

5. YOUR RELATIONSHIP WITH Spa Marija Spa Marija is a medical spa designed to offer a variety of elective cosmetic procedures and customers engage Spa Marija’s products and services by choice. Products and services require customer disclosure of potentially harmful medical issues. Failure to disclose potentially harmful medical issues can result in unwanted side effects that you agree Spa Marija shall not be held liable.
6. YOUR PRIVACY: Protecting your privacy is very important to us. Please review our Privacy Policy, which explains how Spa Marija treats your personal information and protects your privacy.
7. FEEDBACK We may provide you with a mechanism to provide feedback, suggestions, and ideas on our products and services. You grant us the irrevocable right to use your feedback and incorporate your suggestions into our products and services without any obligation to provide attribution or compensation to you or any third party.

8. LIABILITY DISCLAIMER

I have read and understand this waiver and have been fully informed of all Spa Marija terms and conditions as well as benefits and limitations. I certify that I have disclosed all medical conditions that might affect my treatments as well as previous products and services used and their side effects, if any. Spa Marija disclaims liability for any loss, injury, claim or damage related to your use of its products and services, including without limitation, those resulting from errors or omissions, a site or application being down, data loss, and unsatisfactory aesthetic outcomes. Spa Marija will not be liable to you for any indirect, incidental, consequential, reliance or special damages, including without limitation damages arising from any court action or legal dispute. In no event shall the aggregate liability of Spa Marija, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of Spa Marija’s products or services, exceed any compensation paid by you for treatment by Spa Marija. I release my providers from any injury or complication resulting from undiagnosed medical conditions present during my treatment. I assume all responsibility for updating changes in physical and mental condition.

9. INDEMNIFICATION You will indemnify and hold harmless Spa Marija and its officers, agents, employees, representatives, and assigns from any costs, damages, expenses, and liability caused by your use of any of Spa Marija’s products and services or your violation of these Terms of Service.
10. MODIFICATION OF THESE TERMS OF SERVICE We reserve the right to modify these Terms of Service. You agree that your use of Spa Marija’s products and services after a modification will be treated as acceptance of the modified Terms of Service.
11. CONTACT US By email: spamarijaboca@gmail.com
12. MISCELLANEOUS

12.1 Choice of Law, Jurisdiction & Venue. You agree that any disputes with Spa Marija arising from or connected to your products and/or services at Spa Marija will be governed by the laws of the state of Florida, that Florida courts will have exclusive jurisdiction over any such disputes, and that Florida will serve as the venue.

12.2 Headings for Convenience Only. The headings of sections and subsections in this Agreement are for convenience only and are not intended to affect the meaning of the Agreement.

12.3 Entire Agreement. This Agreement, along with invoices, sales orders or other purchase-related communication, is the entire agreement between you and Spa Marija with respect to your use of Spa Marija and its products and services. We reserve any rights not expressly granted here.

12.4 Non-Waiver. No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

12.5 Severability. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.

Privacy Policy

These Terms and Conditions of Use (the “Terms of Use”) and the Privacy Policy (“Privacy Policy”) set out the terms and conditions governing access to and use of the Spa Marija  website located at www.spa-marija.com, , and all associated Spa Marija  sites of our subsidiaries and affiliates (collectively, the “Site”), the Spa Marija  mobile application (“Application”), and the Spa Marija Subscription, (the Site, the Application, and Spa Marija Subscription, collectively, hereafter the Spa Marija  “Services”). These Terms of Use are entered into between you (referred to as “you”, “your”, or as a “user”) and Spa Marija (“Spa Marija ”, “us”, “we”, or “our”). The Services are the property of Spa Marija  and are operated on its behalf by Spa Marija . Please read these Terms of Use carefully.

BY ACCESSING OR USING ANY OR ALL OF THE SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE AND THE PRIVACY POLICY, WHICH FORM A LEGALLY BINDING AGREEMENT. PLEASE NOTE THESE TERMS CONTAIN A RELEASE, DISCLAIMERS, AND LIMITATIONS OF LIABILITY, AS WELL AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER FOR U.S. RESIDENTS. IF YOU PURCHASE A Spa Marija SUBSCRIPTION, THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT AUTOMATIC RENEWALS AND CANCELLATION OF YOUR SUBSCRIPTION. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.

To register with and use the Services, you must be 18 years or older and/or be of legal age in your jurisdiction of residence, or be between the age of 13 and 17 and obtain the express permission of your parent or legal guardian. If you are under the age of 13, you are not permitted to use any of the Services or submit any personally identifiable information to Spa Marija.

CHANGES TO THESE TERMS OF USE

We reserve the right to modify or amend these Terms of Use without notice at any time. The latest Terms of Use will be accessible through the Application and posted on the Site, and you should always review these Terms of Use prior to using the Services to ensure that you have a current understanding of the Terms of Use under which you are permitted to access the Services. If we make material modifications or amendments to these Terms of Use, we will notify you by reasonable means which could include notification through the Services or by direct communication to you via email or your account. Use by you of the Services following any modifications or amendments to these Terms of Use shall signify your acceptance of such modifications or amendments.

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is incorporated herein by reference. Before using the Services, please read through the Terms of Use and Privacy Policy carefully. All personal information provided to us as a result of your use of the Services will be handled in accordance with our Privacy Policy.

USE OF THE SERVICES

ACCOUNT REGISTRATION

You may be required to create an account in order to use all or part of the Services. If you register an account, you agree: (a) to provide accurate, complete, and current information as prompted by the registration forms; (b) to keep such information up-to-date in your account page, including any credit card numbers and expiration dates; (c) to keep your account information, including your password, secure and confidential; (d) to notify Spa Marija  immediately at spamarijaboca@gmail.com if you learn of any unauthorized access or use of your account or password or any other known or suspected breach of security related to your account; (e) you will be responsible for all activity that occurs under your account, including from unauthorized access; (f) you may not share your account, username, or password with a third party or use the account, username, or password of another account holder; (g) when logging on to the Services, to only use the Services as permitted under these Terms of Use.

OWNERSHIP OF CONTENT

Unless otherwise indicated, the content of the Services, including, but not limited to, all information, the design, text, images, graphics, audio clips, video clips, metadata, data, selection and arrangement of elements, organization, and the design, compilation, and other matters related to the Services (collectively, “Content”) and the source and object code, format, algorithm, and structure of the Application are protected under applicable intellectual property and other laws, including, without limitation, those of the United States and Canada.  All Content and intellectual property rights herein are the property of Spa Marija  or used with the permission of the rights owner and are protected pursuant to applicable intellectual property laws. The posting of any Content on the Services does not constitute a waiver of any right in such Content. The reproduction, duplication, distribution (including by way of email or other electronic means), publication (including posting on another website) modification, copying or transmission of Content from the Application or the Site in any form or by any means is strictly prohibited without the express prior written consent of Spa Marija . Requests for permission to reproduce or distribute materials found on the Application or the Site can be made by contacting Spa Marija  in writing at 118 NE 2ND STREET, BOCA RATON, FL 33432 or by email at spamarijaboca@gmail.com. The Content may only be used for personal, non-commercial purposes.

Spa Marija Marks

The Spa Marija  logo and all page headers, custom graphics, button icons, trademarks, service marks and logos appearing in the Application or the Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Spa Marija  (the “Marks”). You are not authorized to display or use the Marks in any manner without the express prior written consent of Spa Marija . The use or misuse of the Marks or other trademarks, names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. All other product and company names and trademarks mentioned, displayed, cited or otherwise indicated on the Site or in the Application are the property of their respective owners.

LICENSE GRANT

Subject to your compliance with the requirements and restrictions of these Terms of Use, and STRICTLY FOR YOUR PERSONAL, NON-COMMERCIAL USE, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable, non-assignable, license to (a) access and use the Services and to view the Content, and (b) to download and install the Application on a device you own or are authorized to use. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under these Terms of Use, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms of Use.

USER SUBMISSIONS; RIGHTS YOU GRANT Spa Marija

User submissions. You may choose to submit information to us through the Services for various reasons, such as to become a Spa Marija  member, make a purchase, apply to become a franchisee or apply for Spa Marija  employment opportunities. By submitting information to Spa Marija , you authorize us to utilize this information for the purpose for which it was submitted and for such other purposes as set out in our Privacy Policy. Nothing in these Terms of Use or the Site shall constitute an offer or promise of employment or franchising relationship. We may or may not review all or any information submitted to us.

Rights you grant us. Except for (i) personally identifiable information such as names, addresses, and financial information and (ii) information you submit in relation to an employment or franchise application, by submitting unsolicited information and content through the Services, you grant Spa Marija  and each of its respective licensees, successors, and assigns a non-exclusive, worldwide, perpetual, fully-paid and royalty free license (with the right to sublicense) to store, use, copy, reproduce, modify, publicly perform, display, distribute, adapt, and create derivative works of, and to promote, market, and exploit such submission. By sending any unsolicited submission to us, you waive the right to make any claim against Spa Marija , its parents or affiliates related to use of the submission, including any claim of “moral rights” or attribution.

User submission restrictions. By uploading or submitting any content you represent and warrant that you own or have the necessary rights or licenses to submit such content. You also represent and warrant that any uploaded material does not:

• infringe any copyright or other intellectual property or other rights of any other person or entity;
• contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy;
• promote any illegal activity, or advocate, promote, or assist any unlawful act;
• involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
• give the impression that the content emanates from or is endorsed by Spa Marija  or any other person or entity, if this is not the case.

Our right to take corrective action. We, in our sole discretion, reserve the right to monitor, remove, or edit any user content for any or no reason at any time. We may disclose your identity or other information about you to any third party who claims that user content submitted by you violates their legal rights, including intellectual property or privacy rights. We may take appropriate legal action, including referral to law enforcement authorities, for any illegal or unauthorized use of the Services. We have the right to cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or any other information of anyone posting materials on or through the Services. YOU WAIVE AND HOLD HARMLESS Spa Marija FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Spa Marija IN RESPONSE TO AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES OR AS A CONSEQUENCE OF Spa Marija’ ACTIVITIES INTENDED TO COMPLY WITH LAW OR REGULATIONS.

THIRD PARTY CONTENT

You understand that when using the Services, you may be exposed to third party content. We are not responsible for the accuracy, usefulness, or intellectual property rights relating to third party content. Accordingly, you waive any and all claims, rights, or remedies against Spa Marija  with respect to such third party content, except as provided herein for copyright infringement notices. We do not proactively screen, monitor, or control user uploaded content and thus do not endorse any content or opinion expressed in any such content.  We expressly disclaim any and all liability in connection with any such third party content.  As set forth in other provisions of these Terms of Use, we may investigate any reported user content in violation of these Terms of Use or any laws or regulations, and may determine in our sole discretion whether to remove such content.

ADDITIONAL TERMS, CONDITIONS, AND AGREEMENTS

We may require you to comply with additional rules, guidelines or other terms and conditions in order to use various features of our Services, to participate in certain promotions or activities available through our Services, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms and conditions, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. For example, you will be required to enter into a separate agreement if you use this Site (or any other site associated with Spa Marija ) or the Application to join one of our clubs, apply to become a franchisor of one of our clubs, enter a sweepstakes, or make a purchase. If any of the terms or conditions of a click-through agreement are different than the terms of these Terms of Use, then the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by such click-through agreement. In addition, certain areas of our Site (such as our online store) may be operated by third party service providers. Such areas may be governed by certain additional terms, conditions, or policies of those third party providers.

 

APPLE APP STORE TERMS

If you download the Application from the Apple, Inc. (“Apple”) App Store or use the Application on a iOS device, you acknowledge that you have read and agree to the following additional terms: (a) these Terms of Use are between Spa Marija  and you only, not Apple, and Spa Marija  is solely responsible for the Application and its content; (b) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (c) if you have paid any fee for the Application, in the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable fee for the Application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application; (d) Spa Marija , not Apple, is responsible for addressing any claims of you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation; (e) in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Spa Marija , not Apple will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim; (f) you represent and warrant that: you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (g) Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

MOBILE NETWORKS; TEXTS

If you access the Services through a mobile network, or signup to receive text messages, your mobile network provider’s messaging, data, and other rates and fees may apply. We shall have no responsibility or liability for any data fees you incur through your use of the Services. Some features of the Services may be restricted by or may be incompatible with your mobile network or device.

If you subscribe to the Spa Marija  Mobile Offers Program, you consent to the Mobile Offers Program Terms and Conditions. You understand that your consent to join the program is not a condition of any purchase from us and that you may opt-out of the program at any time.

ADVERTISING AND LINKS

With our prior written consent, you may create hyperlinks directly to the home page of the Site, or the home page of any of our clubs within the Site, provided that: (i) the hyperlink accurately describes the content as it appears on the Site; (ii) each page within our Site is displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the applicable page within our Site; and (iii) you do not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site, Spa Marija , or its agents. You may not copy any portion of the Site or Content to a server, except as part of an incidental caching of pages. If you wish to link to or obtain a license with regard to the Site or the Content other than as described herein, you must contact us by email at spamarijaboca@gmail.com or 118 NE 2ND STREET, BOCA RATON, FL 33432 and receive our express written consent before doing so. If we have provided links or pointers to other websites, then no inference or assumption should be made and no representation should be implied that we are connected with, operate or control those websites. We are not responsible for the content or practices of third party websites that may be linked to the Site. The Site may also be linked to other web sites operated by companies affiliated or connected with Spa Marija . When visiting other websites, however, you are subject to and should review each website’s individual terms of use and privacy policy. We take no responsibility for third party advertisements which are posted on the Site, nor do we take any responsibility for the goods or services provided by such advertisers.

BILLING AND FEES

Payment authorization. If you make an in-app purchase of the Spa Marija Subscription via an App Store, you authorize the App Store to charge your credit card or other payment method for the Spa Marija Subscription at the rate applicable at the time of your initial agreement to subscribe (unless changed by us as described below), plus any applicable local, state, or federal taxes. You may be responsible for other charges imposed by your credit card provider or financial service provider in connection with your subscription. Billing for in-app purchases via an App Store will be processed by the App Store provider according to their terms and may be subject to other third party terms. The timing of your billing cycle may be subject to change (for example, due to a failure of your payment method caused by inadequate funds or an expired credit card).

Payment failures; chargebacks. If charges for which you are responsible for fail at the time payment is due, the App Store may continue to attempt to charge your payment method until such time as your payment method can successfully be charged and you will remain responsible for the payment of any such charges. You may be responsible for the costs associated with our efforts to collect amounts due to the extent permitted by applicable laws. If you contact your credit card or financial services provider to request a chargeback of any subscription fees due to us, we reserve the right to automatically terminate your account. If our investigation of the chargeback determines that there was a valid basis for the fees charged to you, we reserve the right, upon written notice to you, to charge you the reasonable costs associated with responding to your chargeback.

TERM, TERMINATION

TERM

These Terms of Use will be effective on the date you first use the Services and will remain in effect as long as you still have an account and/or continue to use the Services, or until they are terminated by us as set forth in this Section 5.

TERMINATION

We may in our sole discretion, and for any reason, immediately and without notice to you, disable, suspend, or terminate your account, in whole or in part, or your right to access the Services, including in the event of your actual or suspected unauthorized use or misuse of the Services or violation of these Terms of Use. In addition, we reserve the right to modify or discontinue the Services or any portion thereof at any time upon reasonable notice to you.

EFFECT OF TERMINATION

Upon termination of your account, the following sections shall survive termination: Section 2 (Privacy Policy); Section 3.2 (Ownership of Content); Section 3.3 (Spa Marija  Marks); Section 3.6 (User Submissions; Rights You Grant Spa Marija ); Section 7 (Disclaimer of Warranties); Section 8 (Limitation of Liability); Section 9.2 (Assumption of Risk); Section 10 (Release; Indemnification); Section 12 (Miscellaneous); Section 13 (Dispute Resolution).

Upon termination of your account all rights granted to you under these Terms of Use will also terminate, and you must cease all use of the Application and uninstall all copies of the Application from your mobile device.

We will not be liable to you or any third party for compensation or damages of any sort as a result of the termination of your account and the termination of your account will not preclude us from seeking any other right or remedy we may have under law or equity, now or in the future.

NOTICE OF COPYRIGHT INFRINGEMENT

If you believe that any material contained in the Services infringes your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement which we receive and will take appropriate action pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to Spa Marija  by mail at 118 NE 2ND STREET, BOCA RATON, FL 33432, Attention: General Manager, or by e-mail to spamarijaboca@gmail.com. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): (i) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on our Site or the Application; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you are a user outside the United Sates and are not subject to the DMCA, you should notify us of your copyright infringement claim in writing and in accordance with the above procedure and other applicable intellectual property laws including, but not limited to, the Canadian Copyright Act.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING THE APPLICATION, THE Spa Marija SUBSCRIPTION, THE SITE OR ITS CONTENTS, OR ANY SITE WITH WHICH IT IS LINKED, WHICH ARE EACH PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, THE APPLICATION, THE SITE, THEIR CONTENTS, AND ANY SITE WITH WHICH THE SITE MAY BE LINKED. WE DO NOT WARRANT THAT THE APPLICATION, THE SITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE APPLICATION OR THE Spa Marija SUBSCRIPTION  WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE WITH ANY SOFTWARE, APPLICATIONS, HARDWARE, OR WHETHER INFORMATION ACCESSIBLE VIA THE APPLICATION, THE SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT WE WILL CONTINUE TO SUPPORT ANY FEATURE OF THE SERVICES. YOU ACCEPT THAT OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ON BEHALF OF OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR ANY CONTENT PROVIDED ON THE APPLICATION OR THE SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING FROM OR ASSOCIATED WITH YOUR USE OF THE SERVICES SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT EXCEEDING THE GREATER OF: (I) THE AMOUNT PAID, IF ANY, BY YOU FOR YOUR USE OF THE SERVICES IN THE LAST 12 MONTHS PRECEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM(S) OR (II) TEN ($10) DOLLARS. THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY Spa Marija’: GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILLFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT.  NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.

MISCELLANEOUS

GENERAL PROVISIONS

These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use, will be substituted with a valid and enforceable provision reflecting the intent of the invalid provision, and does not affect the validity and enforceability of any remaining provisions. No provision of these Terms of Use shall be waived except with our prior written consent. The failure to exercise, or delay in exercising, any right or remedy under these Terms of Use will not operate as a waiver. These Terms of Use may be assigned by us in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Failure to act with respect to a breach of these Terms of Use does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof.

GOVERNING LAW, VENUE

These Terms of Use shall be governed by, and construed in accordance with U.S. Federal laws and the laws of the State of Florida, without giving effect to any principles of conflicts of law. For any claims not subject to mandatory arbitration pursuant to these Terms of Use (except for claims that may properly be brought in a small claims court of competent jurisdiction in the county or other jurisdiction where you reside), you agree to submit to the exclusive jurisdiction of the courts of the State of Florida or, if appropriate, the United States District Court for the State of Florida for resolution of any dispute, action or proceeding arising in connection with these Terms of Use or your use of the Services, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding

DISPUTE RESOLUTION

MANDATORY ARBITRATION AND CLASS ACTION WAIVER

General. If you are a user based in the United States, in the unlikely event that we are unable to resolve a complaint you may have to your satisfaction (or we are unable to resolve a dispute with you after attempting to do so informally), subject to your right to opt-out below, You and Spa Marija  agree to resolve such dispute through binding arbitration or small claims court on an individual basis rather than to litigate the dispute before a judge or jury in a court of general jurisdiction.  Arbitration utilizes a neutral arbitrator instead of a judge or jury and the procedures are generally simpler and more limited than those applicable to a lawsuit in court. Arbitration is subject to limited review by courts, but an arbitrator can award the same damages and remedies that a court can award. For the purposes of this arbitration provision, a “dispute” between us shall be broadly construed to mean any dispute, claim, or controversy between you and Spa Marija  arising from or relating to these Terms of Use or your access to or use of the Services, whether based in contract, tort, warranty, regulation, statute, or any other legal or equitable basis.

Class Action Waiver. To the fullest extent permitted by law, you and Spa Marija  acknowledge and agree that we each are waiving the right to a trial by jury and the right to participate in a class action, either in court or in arbitration. This means that neither you or Spa Marija  may join claims in arbitration with or against other users, or litigate in court or arbitrate any claims as a representative or member of a class and that the arbitrator may not consolidate any claims into a class proceeding. However, if this class action waiver is held unenforceable as to all or some parts of a dispute, to the extent that any claims must proceed on a class, consolidated, or representative basis, such claims must be litigated in the courts of the State of Florida or, if appropriate, the United States District Court for the State of Florida and not in arbitration, with any remaining parts proceeding in individual arbitration.

Arbitration Exceptions. Nothing in this arbitration provision shall prevent you or Spa Marija  from: (i) bringing an individual action if the dispute is within the jurisdiction of a small claims court, (ii) seeking to enjoin infringement or other misuse of intellectual property rights, in which case either you or we may bring suit in court to seek injunctive or other equitable relief to enjoin infringement or other misuse of intellectual property rights, (iii) seeking public injunctive relief from any court of competent jurisdiction, or (iv) pursuing an available enforcement action through any local, state, or federal governmental agency. Other than for small claims court actions, for any disputes not subject to mandatory arbitration pursuant to this arbitration provision, you agree to submit the dispute to the exclusive jurisdiction of the courts of the State of Florida or, if appropriate, the United States District Court for the State of Florida for resolution, and you further irrevocably waive any right you may have to trial by jury in any such, action or proceeding.

Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. shall govern the interpretation and enforcement of this arbitration provision. For simplicity and fairness, arbitration will be conducted on an individual basis before a single arbitrator in accordance with the then current American Arbitration Association’s Consumer Arbitration Rules (“AAA Rules”), available at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitrator, and not any local, state, or federal court, shall have the exclusive authority to determine all issues regarding the interpretation, applicability, and enforcement of these Terms of Use and all issues regarding the arbitrability of the dispute, including but not limited to any claim that all or part of this arbitration provision is void or voidable. The arbitrator is authorized only to award relief on behalf of the individual parties and only to the extent of their individual claims. The decision of the arbitrator shall be final and the arbitration award enforceable by any court with jurisdiction over the parties. In the event of a conflict between the terms of this arbitration provision and the AAA Rules, the terms of this arbitration provision shall control unless the arbitrator determines that the application of any inconsistent arbitration provision terms would result in a fundamentally unfair arbitration. You and Spa Marija  agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, compelled by a court of competent jurisdiction following service of a subpoena and prior notice to you or Spa Marija , or as mandated by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. This arbitration provision shall survive termination of these Terms of Use or your relationship with Spa Marija  for any reason.

Arbitration Procedures. You and Spa Marija  agree to attempt initially to solve all disputes subject to arbitration by conducting good-faith, informal negotiations. Before commencing arbitration, the party seeking arbitration must provide the other party with written notice of the dispute that includes: (i) the name, mailing address, and email and/or phone number of the party giving notice; (ii) a detailed description of the dispute; and (iii) the relief sought. Your written notice must be sent via certified mail or by any nationally recognized delivery service (e.g. UPS, Federal Express, etc.), or by hand delivery to: Spa Marija , Attn: Legal Department, 118 NE 2ND STREET, BOCA RATON, FL 33432 and Spa Marija ’s written notice will be sent to you via the contact information we have in our records for you. You and Spa Marija  agree to use good-faith efforts to attempt to resolve the dispute within thirty (30) days from the date the notice of the dispute is sent. If you and Spa Marija  do not reach an agreement on resolving the dispute within those thirty (30) days, the party seeking arbitration may commence arbitration in accordance with the AAA Rules.

PRIVACY POLICY CONTINUED

Protecting your personal information is important to us. This Privacy Policy applies to the products and services of  or authorized staff of Spa Marija Medical Spa (collectively referred to as “Spa Marija,” or “we,“ “us” or “our”” for the rest of this agreement) on all platforms and media (including the websitespa-marija.com, our mobile website, apps, emails, and agreements. By interacting with Spa Marija you consent to this Policy.

WHAT INFORMATION DOES Spa Marija COLLECT ABOUT ME?

The information we collect about you falls into one of two categories, personally identifiable or non-personally identifiable. Personally Identifiable Information. Before receiving treatment or a consultation, medical history information will be collected and as a result you will provide us with personal information that is linked to you specifically (“Personally Identifiable Information”). This can include: • Personal contact information (name, email address) • Professional information (company name, position/title) • Your birthday • Your location • Medical History Non-Personally Identifiable Information. We may also collect the following data that is not linked to you specifically: • Traffic Data. We use a number of internal and third-party tools to recognize visitor data like IP addresses, browser settings and operating systems. We track how often web pages and videos are viewed and the sources of our traffic. We employ Google Analytics Demographic and Interest Reporting, through which Google provides us with general demographic information (like age, gender and affinity categories) about visitors to our website. You can opt out of Google sharing this information at www.google.com/settings/ads. • Email Effectiveness Data. We may collect aggregated data about how often the emails we send out are opened and any links in them are clicked. • Cookie Data. We may use cookies, which are small pieces of data we place on visitors’ computers to track the web pages they visit before and after coming to our website. We may also use cookies to track the pages they view and the links they click on within Spa Marija’s website. • App Referral and Download Data. We may use internal and third-party tools to determine which sites or emails referred visitors to download the Spa Marija  mobile application. • In-App Behavior. We may use internal and third-party tools to gather information about users’ behavior inside our mobile application, such as how much time users spend in the app as well as the frequency and duration with which they use particular features and view particular screens. Spa Marija DOES NOT STORE CREDIT CARD INFORMATION Payment for Spa Marija’s products and services are processed by Wellnessliving. Please consult Wellnessliving’s Security Policy for more information.

HOW DOES Spa Marija USE AND SHARE MY INFORMATION?

We use the information we collect from you to communicate with you, provide you with our services, and improve those services. For example, we may use your email address to send you reminders about appointments. We may analyze our users’ agreement-related data for purposes like refining the content of our forms. Spa Marija  will not share your Personally Identifiable Information with third parties for the purpose of marketing their products without your prior consent. For example, we do not sell our email lists. But we may share your Personally Identifiable Information with companies that provide us with support services (like our email providers) or that help us analyze or market our own products and services. We share this information only if these companies require such information to perform their functions. We do not authorize these companies to use your Personally Identifiable Information for any other purpose. Spa Marija  will share your Personally Identifiable Information with the appropriate authorities if we believe in good faith that doing so is required by law or court order, to protect our rights or property, or to protect the safety of our users or the public. Additionally, if Spa Marija  or substantially all of Spa Marija’s assets are acquired, or if Spa Marija  goes out of business or enters bankruptcy, user information, including Personally Identifiable Information, may be one of the assets that is transferred to or acquired by a third party. As for non-Personally Identifiable Information, which is not linked to you specifically, we may share it with third parties for various purposes. For example, we may share information with third parties about the number of registered users and unique visitors to our website, or about the types of Spa Marija  treatments that are most often requested.

CAN I OPT OUT OF Spa Marija USING MY PERSONALLY IDENTIFIABLE INFORMATION?

We can’t provide you with our core service without you providing us with some Personally Identifiable Information.

CAN I OPT OUT OF EMAILS FROM Spa Marija?

You can opt out of emails from Spa Marija while maintaining an active account by adjusting that option in your profile.

IS MY INFORMATION SECURE?

We strive to maintain the safety of your information. For example, your information is transmitted via Secure Socket Layer (SSL) technology and access to your account information requires a password. You must keep your password confidential. Unfortunately, no internet-based service is completely secure. We cannot guarantee that any confidential or Personally Identifiable Information you share while using Spa Marija  is maintained at adequate levels of protection to meet your specific needs or obligations. We assume no responsibility for unauthorized access to your information.

HOW DO I DEACTIVATE MY ACCOUNT?

Should you ever decide to deactivate your Spa Marija  account, you may do so by emailing us at spamarijaboca@gmail.com. Upon deactivation, you will no longer be able to access your account. Your information and data will remain on Wellnessliving’s secure servers.

OUR POLICY TOWARDS CHILDREN

Spa Marija is intended only for individuals 18 and above. We do not knowingly collect Personally Identifiable Information from children under the age of 13. If you are under 13, please do not provide us with any Personally Identifiable Information. If we learn that we have collected Personally Identifiable Information from a child under 13, we will take steps to promptly delete the information.

CHANGES TO THIS PRIVACY POLICY

Spa Marija  can update this Privacy Policy without any previous notification. We encourage you to ask for revisions if necessary.

CONTACTING US

If you have any questions about our practice please contact us at spamarijaboca@gmail.com.