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Terms Of Use
Last updated: Mar 24, 2025, 11:54 AM
1. Acceptance of Terms
Please read these Terms of Use (“Terms” or “Terms of Service”) carefully before accessing or using findyourlocalspa.com (the “Website”), operated by Wellness & Care Connection, LLC, a Limited Liability Company registered in the State of Texas, United States (the “Company,” “we,” “us,” or “our”).
These Terms govern your access to and use of the Website, mobile applications, and associated services (collectively, the Platform) and incorporate by reference our Privacy Policy, which forms an integral part of these Terms. By using the Platform, you also agree to comply with all applicable laws and regulations.
The Platform functions solely as an intermediary connecting consumers with licensed and professional Service Providers based on geographic location. The Company does not provide spa services directly and claims any liability for the quality, legality, or outcomes of services provided by Service Providers.
A. Applicability to Users / Leads
By accessing or using the Platform as a consumer or user seeking spa services, you acknowledge and agree that:
1. You are at least 18 years old or have obtained legal guardian consent if you are under 18.
2. You have the legal capacity to enter into a binding agreement.
3. Your use of the Platform is for personal, non-commercial purposes only, in accordance with these Terms.
B. Applicability to Spas / Service Providers
By accessing or using the Platform as a Spa or Service Provider, you acknowledge and agree that:
1. You have legal authority to enter into agreements on behalf of your business.
2. You are responsible for complying with all applicable laws and regulations relating to your services.
3. You understand that the Platform provides leads for non-medical, relaxation-focused spa services, and the Company disclaims liability for medical or regulated services outside this scope.
C. No Medical Advice
The Platform is for informational purposes only and does not provide medical advice, diagnosis, or treatment. Users should not rely on the Platform for medical purposes and should consult a qualified healthcare professional for any medical concerns or conditions.
D. Privacy and Enforcement
Your use of the Platform is also subject to our Privacy Policy. We may collect and use information as described in the Privacy Policy to:
1. Monitor compliance with these Terms;
2. Investigate potential violations; and
3. Enforce our rights.
E. Agreement to Terms
2. Description of Services and Scope of Liability
Wellness & Care Connection LLC provides a platform that connects consumers with licensed and reputable day spas offering non-medical, relaxation-focused treatments. The Platform is designed exclusively for this purpose and may not be used to solicit, promote, or receive any medical, dermatological, or other regulated healthcare services
A. Applicability to Users / Leads
By using the Platform as a consumer or user seeking spa services, you acknowledge and agree that:
1. The Platform is an intermediary only, and the Company does not provide spa services directly.
2. All Service Providers listed on the Platform are independent businesses, and the Company does not guarantee the quality, safety, legality, or outcomes of their services.
3. You are solely responsible for verifying the credentials, quality, and suitability of any Service Provider prior to engaging their services.
B. Applicability to Spas / Service Providers
By using the Platform as a Spa or Service Provider, you acknowledge and agree that:
1. Leads generated through the Platform are for non-medical, relaxation-focused spa services only.
2. The Company disclaims all liability for any services outside the non-medical scope, including any related regulatory or compliance issues.
3. The Company verifies the spa’s business license and permits, but does not independently validate professional licenses or certifications of individual staff.
4. You remain solely responsible for ensuring that your services comply with all applicable laws and regulations.
C. Warranties and Liability
The Company makes no warranties, express or implied, as to the quality, safety, legality, or outcome of any services provided by Service Providers.
3. Spa Network Application and Free Trial
Qualified spas meeting our eligibility criteria may be offered a 15-day free trial of our lead generation services.
Free Trial Terms:
2. Eligibility: Available only to new clients. One free trial per company and per location. Existing clients, including branches in other states, are not eligible.
3. Use Restrictions: Leads provided during the trial are for internal business purposes only and may not be sold, shared, or transferred to third parties.
4. Cancellation: We reserve the right to terminate the trial immediately if we detect fraudulent activity, misuse, or any violation of these Terms.
Upon expiration of the trial, continuation of services requires execution of a Contract Agreement, which will govern the paid subscription relationship. Acceptance of the free trial constitutes consent to receive communications, including email and SMS, related to the services.
4. Lead Generation and Advertising Channels
All leads are generated exclusively through paid search campaigns on Google Ads. The Company does not utilize social media platforms for traffic acquisition, nor does it offer services related to organic content, influencer marketing, or social engagement.
5. Payment Terms for Spa Associates
This clause outlines the payment terms and conditions that apply exclusively to you as a Spa Associate for certain services available on our platform. While our core lead generation service for consumers is free, certain Services are offered to Spa Associates for a fee, including but not limited to premium listings, advertising placements, or enhanced lead delivery.
Pricing for these Services is dynamic and may vary based on geographic location, market demand, and the costs associated with our exclusive use of paid search campaigns on Google Ads. While pricing may vary, we strive to keep changes reasonable and aligned with market conditions. You won’t encounter drastic or unexpected shifts, our goal is to maintain transparency and consistency in your experience.
1. Dynamic Pricing and Lead Assignment
- Lead pricing, assignment, and availability may fluctuate without prior notice due to ad platform rates, inflation, competitive bidding, or operational adjustments.
- The Company will make commercially reasonable efforts to correct any pricing or assignment errors.
2. Fee Disclosure and Acceptance
- All applicable fees will be disclosed prior to your purchase of a lead or subscription.
- Acceptance of a lead or service constitutes agreement to the disclosed fee.
3. Pricing Adjustments and Notifications
- The Company reserves the right to adjust pricing models, fee structures, or service tiers at any time.
- Individual notifications of price changes are not required, except within subscription or recurring billing arrangements.
4. Finality of Transactions and Refunds
- All lead purchases and subscription payments are final unless otherwise specified.
- Refunds, if applicable, are issued solely at the Company’s discretion.
- You are responsible for reviewing all fees, payment terms, and cancellation policies prior to purchase.
5. Third-Party Payment Processing
- Payments are processed through third-party providers.
- You agree to their respective terms and conditions.
6. Limitations of Liability
- While we provide verified leads, Wellness & Care Connection LLC does not guarantee sales or revenue.
- You assume all risks and responsibilities for business decisions based on purchased leads.
- The Company shall not be liable for lost profits, missed opportunities, or other business outcomes.
6. Spa Associate Eligibility, Registration, and Account Security
A. Applicability to Spa Associates
Our services for Spa Associates are available only to individuals and business entities that can form legally binding contracts under applicable law. To use the Platform and access our services, you are required to register for an account.
Account Registration and Information: You agree to provide accurate, current, and complete business details during registration, including all required professional licenses, permits, and certifications, and to keep this information always updated. You must provide truthful information. Submitting false or misleading information may result in immediate suspension or termination of your account and may lead to legal action.
Account Security and Confidentiality: You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account, including any unauthorized access resulting from your negligence. You agree to safeguard all communications you receive through the Platform.
Verification and Compliance: The Company reserves the right to verify any information provided by you and to suspend or terminate your account for non-compliance with these Terms or any applicable laws.
B. Applicability to Users / Leads
While Users / Leads do not register as Spa Associates and do not have login credentials, certain parts of the Platform may require submission of personal information to request services or receive recommendations. Users acknowledge that they must provide accurate and truthful information when submitting forms. The Company reserves the right to suspend or restrict access for Users who provide false information or violate these Terms.
7. Communications and SMS Messaging Terms & Conditions
By using the Platform, you agree to the communication practices outlined below, which vary depending on your user type.
A. Communications with Leads / Website Users
We communicate with Users via email to verify identity and provide updates or other relevant information regarding the Platform. By opting into our SMS program, you consent to receive recurring text messages from Wellness & Care Connection, LLC, which may include updates, surveys, and promotional offers. Users must be at least 18 years old to receive promotional communications.
B. Communications with Spa Associates
As a Spa Associate, you consent to receive both email and SMS communications from Wellness & Care Connection, LLC. These communications may include, but are not limited to, lead notifications, billing alerts, administrative updates, and information regarding your account or services. Spa Associates must be at least 18 years old to receive promotional communications.
C. Compliance with U.S. Communications Laws
By consenting to receive email or SMS messages, all Users and Spa Associates acknowledge that such communications are governed by the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act. You may opt out of marketing messages at any time by following the instructions provided.
D. General SMS Terms Applicable to All Users
Your consent to receive SMS messages is not a condition of purchasing any goods or services. Message frequency may vary. Standard message and data rates may apply according to your carrier’s plan, and you are solely responsible for such charges.
You may opt out of SMS communications at any time by replying “STOP” to any message. You will receive a confirmation message, after which no further messages will be sent unless you opt back in. For assistance, reply “HELP” or contact our support team. The Company is not responsible for delayed or undelivered messages, as message delivery depends on your carrier and network availability. All personal data collected in connection with these communications will be processed in accordance with our Privacy Policy.
8. Privacy Policy
Your use of our services is governed by this Privacy Policy, which explains how we collect, use, store, and protect your information. By using the Platform, you acknowledge that you have read and understood this Privacy Policy.
8.A. Information We Collect
8.A.1. From Consumers / Website Users
We collect information that you voluntarily provide through our website, forms, or other communication channels. This may include your name, email address, phone number, and zip code, as well as billing information if applicable. We may also collect your IP address, device identifiers, and interactions with our website or advertisements to improve our services.
8.A.2. From Spa Associates / Service Providers
To verify the legitimacy and suitability of our business partners, we may collect spa license numbers, relevant certifications, business address, billing information, and contact details of key personnel. Additional information may be collected as necessary for partnership verification, contractual compliance, or legal requirements.
8.B. Purpose of Data Collection
We collect and use information for the following purposes: to provide and improve our services; to match users with appropriate spa providers and manage leads; to verify the legitimacy and suitability of our business partners; to process payments, ensure quality of service delivery, and communicate important updates; and to maintain compliance with applicable laws and regulations.
8.C. Data Retention and Security
Data Retention: Personal information will be retained only as long as necessary to fulfill the purposes outlined above or as required by law.
Data Security: We implement reasonable technical, administrative, and physical safeguards to protect information against unauthorized access, disclosure, alteration, or destruction. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security.
8.D. Your Privacy Rights
In accordance with applicable privacy laws, you have the right to access the personal information we hold about you, request correction of inaccurate or incomplete data, and request deletion of your personal information, subject to legal and contractual limitations. Requests can be submitted by contacting us at info@findyourlocalspa.com. We will respond in a timely manner and take reasonable steps to comply with your request, subject to applicable laws.
8.E. Consent
By using the Platform, you consent to the collection, processing, and storage of your personal information as described in this Privacy Policy.
9. Use of the Platform and Submission of Content
This clause outlines the terms and conditions for using our Platform. The following rules apply to all users, with specific obligations detailed for each user group.
A. General Rules for All Users
License and Permitted Use: The Company grants you a limited, non-exclusive, and revocable license to access and use the Platform solely for lawful purposes and in compliance with these Terms, our Privacy Policy, and all applicable laws.
Prohibited Uses: You agree not to engage in any of the following activities. This list is non-exhaustive, and any violation may result in the suspension or termination of your access to the Platform. Misrepresentation, such as impersonating or misrepresenting your identity, affiliation, or association with any person or entity, is strictly prohibited. You may not introduce viruses, trojan horses, worms, or other harmful materials, nor attempt to gain unauthorized access to, or engage in denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks against, any part of the Platform or its systems. The use of robots, spiders, scrapers, or other automated means to access or copy any material on the Platform without authorization is prohibited. You may not use the Platform in any manner that violates federal, state, or local laws, including applicable data privacy and protection laws. Finally, you may not engage in conduct that restricts or inhibits any other person’s use or enjoyment of the Platform or that could damage, disable, or overburden it.
B. Submission of Content and Specific Obligations
1. Content Submitted by Website Users and Leads: By submitting testimonial or other content through designated email forms or submission channels, you grant Wellness & Care Connection LLC a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, and sublicensable license to use, reproduce, adapt, modify, and distribute such content.
2. Content from Spa Associates: Spa Associates are solely responsible for the accuracy, legality, and completeness of all content submitted for their business listing, including images, descriptions, and credentials. You affirm that you have secured all necessary rights and consents for any such content.
The Company reserves the right to restrict, terminate, moderate, remove, or refuse to publish any content or access to the Platform at its sole discretion.
10. Health and Wellness Disclaimer
Some spa Service Providers listed on the Platform may offer services with therapeutic or health-related benefits, such as massage therapy, lymphatic drainage, or aromatherapy, when provided for the purpose of relaxation, stress relief, or general wellness. These services are not intended to diagnose, treat, cure, or prevent any medical condition, nor should they be considered a substitute for professional medical advice.
Users / Leads and Spa Associates acknowledge and agree to the following:
1. The Company does not provide medical advice, diagnosis, or treatment, and the Platform is not a substitute for professional healthcare or consultation with a licensed medical provider.
2. Any health-related claims made by Service Providers are their sole responsibility and should be independently verified by Users / Leads.
3. Users / Leads are solely responsible for evaluating the suitability, safety, and effectiveness of any health-related service before use.
To the maximum extent permitted by law, the Company disclaims all liability for any physical, emotional, or psychological outcomes resulting from the use of health-related services promoted or accessed through the Platform.
11. Notice for California Users
If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). These rights include the ability to know what personal information we collect, use, or share, request deletion, correct inaccurate information, limit the use of sensitive personal information, and opt out of the sale or sharing of personal information. You also have the right not to be discriminated against for exercising these privacy rights.
To exercise any of these rights, you may contact us at info@findyourlocalspa.com or submit a request through our designated privacy portal if available. We will verify your identity before processing any request and respond within the legally required timeframes. Please note that we do not sell personal information as defined by California law, except that we may share personal information with Spa Associates as part of our lead generation services. These transactions are limited to providing the contracted service and are not considered a commercial sale of personal data for unrelated purposes. For more details, please refer to our Privacy Policy.
Authorized agents submitting requests on behalf of California residents must provide written permission from the residents and verification of their identity. California residents under the age of 18 who have registered to use the Platform may request the removal of content they have publicly posted by contacting us with the subject line “California Minor Content Removal.”
12. Notices and Communications
All official legal notices and communications under this Agreement must be in writing. Notices shall be deemed properly given when sent to the receiving party’s designated email or business address. For Wellness & Care Connection LLC, the designated email address is info@findyourlocalspa.com, and the principal business address is 5900 Balcones Drive, Suite 100, Austin, TX 78731, Attn: Legal Notices. Email notices shall be deemed received on the date sent, provided no delivery failure notice is received, and notices sent by certified mail or courier shall be deemed received on the date of certified delivery.
Additionally, the Company may communicate with you electronically, including via email or by posting notices on the Platform. Unless otherwise stated, all notices posted on the Platform will be deemed received 48 hours after posting.
Each party agrees to keep its contact information current and to notify the other party promptly of any changes.
13. Delays, Accessibility, and Force Majeure
We strive to provide continuous access to the Platform and Services. However, we are not liable for delays, disruptions, or failures in performance caused by events beyond our reasonable control, including but not limited to: acts of God, natural disasters, extreme weather, internet or hosting outages, cyberattacks, system failures, government actions, regulatory changes, legal restrictions, labor disputes, strikes, supply chain disruptions, or pandemic-related closures.
In such circumstances, we will make commercially reasonable efforts to restore access and functionality as soon as possible. Temporary unavailability of the Platform shall not constitute a breach of this Agreement.
Users acknowledge that access may also be limited by factors such as device compatibility, internet connectivity, or third-party service availability. We do not guarantee continuous, error-free, or secure access at all times.
If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate the affected services without penalty by providing written notice.
14. Data Security and Privacy
1. Commitment to Data Security
We are committed to safeguarding the data of users, leads, and spa associates. We implement commercially reasonable technical, administrative, and physical measures designed to protect information against unauthorized access, misuse, or disclosure.
2. Platform Risks and Limitation of Liability
You acknowledge that no method of transmitting or storing data online can be guaranteed as 100% secure. Accordingly, we cannot guarantee the absolute security of information transmitted through the Platform. To the maximum extent permitted by law, the Company disclaims liability for any loss, damage, or consequence arising from unauthorized access, data breaches, hacking, ransomware, or other security incidents affecting your information or third-party data.
3. User Responsibility
Users and spa associates are responsible for safeguarding any credentials used to access the Platform and for protecting their own devices and data from viruses, malware, or other harmful elements.
4. Compliance with Law
The Company complies with all applicable data protection and privacy laws regarding the collection, use, and storage of personal information.
15. Breach of Terms and Remedies
Any violation of these Terms of Use, including but not limited to unauthorized access, misuse of the Platform, fraudulent activity, or breach of confidentiality, shall constitute a material breach of this Agreement.
In the event of such a breach, Wellness & Care Connection LLC reserves the right to:
1. Suspend or terminate your access to the Platform without prior notice.
2. Pursue all available legal remedies, including injunctive relief.
3. Recover liquidated damages in the amount of $2,500 USD per violation, which represents a reasonable estimate of the harm caused by such a breach, including administrative, reputational, and operational impact.
These liquidated damages provision does not limit our right to seek additional remedies where actual damages exceed the stated amount. We also reserve the right to recover attorneys’ fees and costs incurred in enforcing this Agreement. You agree that the liquidated damages amount is a fair and reasonable estimate of the harm and is not punitive.
Repeated or egregious violations may result in permanent account suspension and reporting to relevant authorities.
16. Third-Party Interactions and User Reviews
Wellness & Care Connection LLC operates solely as a lead generation and connection platform between users (“Leads”) and independent spa service providers (“Providers”). The Company does not supervise, endorse, guarantee, or control the quality, availability, pricing, or outcome of any services offered by Providers.
Any reviews, ratings, testimonials, or commentary submitted by Leads regarding their experiences with Providers are independent opinions of the individuals who post them. The Company does not endorse, verify, or assume responsibility for such content, whether published on our Platform or on third-party sites (including, without limitation, Google Reviews, Yelp, or social media).
The Company shall not be liable for any reputational, commercial, financial, or operational damages arising from:
1. User-generated reviews, testimonials, or other content;
2. Interactions or transactions between Leads and Providers;
3. Any disputes, misunderstandings, dissatisfaction, or outcomes related to services rendered by Providers.
Leads and Providers agree that any disagreements, claims, or disputes must be resolved directly between them. The Company is not, and shall not be deemed, a party to any agreement, transaction, or dispute between Leads and Providers.
The Company reserves the right, in its sole discretion, to remove, edit, or decline to publish any review, testimonial, or user-generated content that is false, defamatory, misleading, offensive, unlawful, or otherwise inconsistent with our content guidelines or these Terms of Use.
17. Indemnity and Release
You agree to indemnify, defend, and hold harmless Wellness & Care Connection, LLC, its affiliates, officers, directors, employees, and agents (collectively, the “Company”) from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
1. Your use of the Platform;
2. Your violation of these Terms or the Privacy Policy;
3. Your interactions with other users, Leads, or Service Providers; or
4. Any content you submit, post, or transmit through the Platform.
You further release the Company from any and all claims, damages, or liabilities, whether direct or indirect, arising from disputes, interactions, or transactions with other users, Service Providers, or third parties encountered through the Platform.
This indemnity and release survive the termination of your access to the Platform and apply to any claims arising before or after termination.
18. Termination of Service
Wellness & Care Connection, LLC reserves the right, at its sole discretion, to terminate, suspend, or restrict your access to the Platform or any services, without prior notice, for any reason, including but not limited to:
1. Violation of these Terms or the Privacy Policy;
2. Unlawful, fraudulent, or disruptive activity;
3. Any conduct that may harm the Company, its users, or third parties.
Termination may include the removal of your account, access privileges, and any content associated with your account.
If you believe that your access was terminated or suspended in error, you may contact us to request clarification or appeal the decision.
You acknowledge and agree that the Company shall not be liable to you or any third party for any termination, suspension, or restriction of access, or for any related consequences.
19. Privacy and Enforcement
Your use of our Website and Services is also subject to our Privacy Policy. We may collect and use information as described in the Privacy Policy to monitor compliance with these Terms, investigate potential violations, and enforce our rights.
20. Disclaimer and Limitation of Liability
Wellness & Care Connection LLC provides a platform that connects consumers (“Leads”) with independent third-party spa service providers (“Providers”). To the maximum extent permitted by law, the Company disclaims all warranties, representations, and liability regarding the quality, safety, legality, availability, pricing, or outcome of any services offered by Providers.
You acknowledge and agree that your use of the Platform, and any interaction with Providers, is solely at your own risk. The Company shall not be liable for any direct, indirect, incidental, punitive, or consequential damages, including but not limited to:
1. Physical injury, death, emotional or psychological distress, or property damage or loss;
2. Delays, disruptions, technical errors, or unavailability of the Platform;
3. Reliance on any information, reviews, or content made available through the Platform;
4. Actions, omissions, or services of Providers or third parties;
5. Third-party content, communications, or interactions encountered through the Platform;
6. Disputes, dissatisfaction, or misunderstandings with Providers or services rendered.
20.1 Limitation of Liability for Data Security
The Company employs commercially reasonable safeguards to protect user and partner information but cannot guarantee absolute security of data transmitted or stored electronically. To the fullest extent permitted by law, the Company shall not be liable for damages or losses arising from:
1. Unauthorized access or breaches involving third-party providers (e.g., hosting platforms, CRMs, or payment processors);
2. User-side vulnerabilities such as compromised devices, weak passwords, or shared credentials;
3. Breaches caused by cyberattacks, natural disasters, governmental actions, or other force majeure events;
4. Delays in breach notification where required to comply with investigations or law enforcement directives.
Users remain responsible for safeguarding their login credentials and immediately notifying the Company of any suspected unauthorized activity.
Maximum Liability. Regardless of the legal theory (including negligence, contract, tort, or otherwise), the Company’s aggregate liability for any claim connected to the Platform shall not exceed the greater of (a) the total amount you paid to the Company in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).
You acknowledge that the Company functions solely as an intermediary connecting Leads with Providers, and you assume all risks associated with your interactions, agreements, or services obtained from them.
21. Advertising, Content Distribution, and Liability
1. Informational Nature of Content and Passive Conduit All promotional content, service descriptions, and brand references on the Platform are provided for informational purposes only. The Company acts solely as a passive conduit for the publication and distribution of content submitted by users and Service Providers. We do not guarantee the accuracy, integrity, or quality of any content. You acknowledge that any similarities in branding or wording with third-party intellectual property are unintentional and do not constitute infringement or endorsement by the Company.
2. User Responsibility and Content Moderation Users and Service Providers are responsible for verifying all claims or statements directly with the referenced provider. You understand that by using the Platform, you may be exposed to content that is inaccurate or misleading. You agree to evaluate and bear all risks associated with the use or reliance on such content. The Company has no obligation to screen, monitor, or approve any content submitted, but we reserve the right to review and remove any content that, in our sole discretion, violates these Terms or applicable law. We are not liable for any loss or damage resulting from content submitted, accessed, or transmitted via the Platform.
3. Notice and Takedown Procedure If any third party believes their rights have been violated by content on the Platform, they may submit a written notice to info@findyourlocalspa.com with specific details. The Company will review and, if appropriate, remove or revise the content within a reasonable timeframe.
4. Platform Practices and Limits The Company may establish general practices and limits regarding content retention, submission frequency, and access duration. These practices may be modified at any time without notice and do not create any obligation or liability for content deletion or a failure to store materials.
22. Intellectual Property and DMCA Notice
22.1 Ownership All content on the Website, including but not limited to logos, designs, text, graphics, images, information, data, software, and their arrangement (collectively, “Content”), is ©2024–2025 Wellness & Care Connection, LLC or third parties. All rights are reserved. Unless expressly stated otherwise, the Website and its Content are the proprietary property of the Company or its licensors and are protected under U.S. and international copyright, trademark, and other intellectual property laws.
22.2 Reporting Infringement: If you believe that Content on the Website infringes your intellectual property rights, you or an authorized agent may submit a written notice (“Infringement Notice”) to info@findyourlocalspa.com. Your notice must include:
1. An electronic or physical signature of the person authorized to act on behalf of the rights owner.
2. Identification and description of the copyrighted or trademarked work claimed to be infringed, including the URL or a copy of the work.
3. Your full name, email, physical address, and telephone number.
4. A statement confirming your good faith belief that the use is unauthorized. Incomplete or false notices may not be processed and may result in liability for damages, including costs and attorneys’ fees.
22.3 Counter-Notice Procedure: If you believe your content was removed in error, you may submit a written counter-notice to info@findyourlocalspa.com, including:
1. An electronic or physical signature of the alleged infringer.
2. Identification of the material removed or disabled and its prior location on the Website.
3. A statement under penalty of perjury that you have a good faith belief the removal was due to a mistake or misidentification.
4. Your full name, email, physical address, and telephone number, and consent to the jurisdiction of the federal court where your address is located, or any district where the Company may be found if outside the U.S. Upon receipt of a valid counter-notice, the Company may restore the removed material at its discretion, unless the original claimant files a legal action seeking a court order to prevent reinstatement.
22.4 Contact Information: All notices and counter-notices should be sent to: Wellness & Care Connection, LLC Attn: Patricio Díaz Email: info@findyourlocalspa.com Address: 5900 Balcones Drive, Suite 100, Austin, TX 78731, United States.
23. Links to Third-Party Websites
The Website may contain hyperlinks or references to websites operated by third parties (“Third-Party Sites”). These links are provided for informational purposes only.
You acknowledge that the Company does not control Third-Party Sites and is not responsible for their content, privacy practices, or any other practices. The inclusion of these links does not imply any endorsement of the content, services, or operators of the Third-Party Sites, nor does it indicate any affiliation or association with them.
Your use of Third-Party Sites is at your own risk. The Company is not liable for any losses, damages, or consequences, including viruses, malware, or other harmful components, resulting from your access to or use of such sites. You are solely responsible for taking all necessary precautions to protect your devices, data, and personal information when accessing Third-Party Sites.
24. Modification or Suspension of Services
We reserve the right to modify, suspend, or discontinue any aspect of the Site or Services at any time, with or without notice. This includes, but is not limited to, features, content, or availability. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
25. Changes to Terms of Service
Wellness & Care Connection, LLC reserves the right, at its sole discretion, to modify, update, or revise these Terms at any time. Updated Terms are effective immediately upon posting on the Platform, unless otherwise specified. Continued use of the Platform constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Platform. We may, but are not required to, provide additional notice of material changes.
26. Disclaimer of Warranties and Availability
The Platform and Website are provided “as is” and “as available.” Wellness & Care Connection LLC disclaims all warranties, express or implied, including merchantability, satisfactory quality, fitness for a particular purpose, and those arising from law, course of dealing, or trade usage. We make no guarantees regarding the accuracy, completeness, availability, or currency of any content, product, or service. The Platform may contain errors, interruptions, or security vulnerabilities, and your use is at your own risk. We reserve the right to correct any errors, including pricing mistakes, without prior notice.
The Platform and Website are provided “as is” and “as available.” Wellness & Care Connection LLC disclaims all warranties, express or implied, including merchantability, satisfactory quality, fitness for a particular purpose, and those arising from law, course of dealing, or trade usage. We make no guarantees regarding the accuracy, completeness, availability, or currency of any content, product, or service. The Platform may contain errors, interruptions, or security vulnerabilities, and your use is at your own risk. We reserve the right to correct any errors, including pricing mistakes, without prior notice.
27. Relationship Between the Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between Wellness & Care Connection LLC and any user, spa, or third-party provider. You acknowledge that we act solely as a digital intermediary and do not direct, supervise, or control the services offered by third-party providers.
28. Privacy Policy Governing Law
The Company’s Privacy Policy, which governs the collection, use, and protection of your personal information, shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to conflict of law provisions. Any disputes arising under the Privacy Policy that are not subject to arbitration shall be resolved exclusively in the state or federal courts located in Travis County, Texas, United States. By using the Platform, you consent to the jurisdiction and venue of these courts for such disputes.
29. Governing Law, Dispute Resolution, and Arbitration
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to conflict of law provisions. These Terms do not incorporate the United Nations Convention on Contracts for the Sale of International Goods, the Uniform Commercial Code, or Incoterms.
Mandatory Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved exclusively through binding arbitration. Before initiating arbitration, you agree to first contact us at info@findyourlocalspa.com and attempt to resolve the issue informally within 30 calendar days. If the dispute remains unresolved, either party may initiate arbitration under the rules of the American Arbitration Association (AAA), conducted by a single arbitrator. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction. Arbitration will take place in the county where you reside unless both parties agree to an alternative location or opt for telephone/video arbitration.
Class Action Waiver: You and the Company agree that arbitration shall be conducted on an individual basis only. By agreeing to these Terms, you waive the right to initiate or participate in any class, collective, or representative action against the Company.
Exceptions to Arbitration: Notwithstanding the above, either party may bring individual claims in small claims court. Either party may also seek injunctive or equitable relief in a court of competent jurisdiction for matters involving intellectual property rights or unauthorized access to the Platform.
Jurisdiction for Non-Arbitrable Disputes: For disputes not subject to arbitration or equitable relief, the exclusive jurisdiction and venue shall be the state or federal courts located in Travis County, Texas, United States. You consent to service of process by mail, email, or personal delivery at the contact information you have provided.
30. Feedback and Suggestions
Feedback submitted regarding the Site or Services is deemed non-confidential and non-proprietary. By submitting, you grant Wellness & Care Connection LLC a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, and transferable license to use, reproduce, modify, and create derivative works from such feedback without restriction or compensation.
31. Parental Control Information and Disclaimer
The Platform is not directed to children under 13 years of age, and we do not knowingly collect personal information from children under 13. Users under 13 are prohibited from registering or submitting personal information. Parents or guardians should supervise minors using the Platform. This provision supplements the Parental Control Disclaimer.
Wellness & Care Connection LLC is committed to providing a safe online environment and complies with applicable laws, including COPPA. We offer general guidance on parental control tools, which may include filtering software, device-level controls, and third-party platform settings. You acknowledge and agree that we do not endorse or guarantee the effectiveness of any third-party tools. Parents and guardians are solely responsible for selecting, monitoring, and managing such tools, and we disclaim all liability related to their performance or failure.
The Company is committed to providing a safe online environment and complies with applicable laws, including the Children’s Online Privacy Protection Act (COPPA).
We provide guidance and general information about parental control tools, which may include content filtering software, device-level controls, and settings on third-party platforms.
You acknowledge and agree that the Company does not endorse, guarantee, or warrant the effectiveness of any third-party parental control tools. Parents and guardians are solely responsible for selecting and using such tools, monitoring their children’s online activity, and addressing any consequences of unauthorized use. The Company disclaims all liability related to the performance or failure of any third-party parental control solution.
32. Survival
The following provisions of these Terms shall survive the termination of your access to the Platform:
1. Intellectual property rights and ownership;
2. Indemnification;
3. All disclaimers and limitations of liability; and
4. Dispute resolution and arbitration provisions.
33. Electronic Agreements and Signatures
By using the Platform, you agree that all agreements, consents, and authorizations provided electronically are legally binding and have the same force as handwritten signatures.
34. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
35. Entire Agreement
These Terms of Use, together with the Privacy Policy and any other applicable posted rules or guidelines, constitute the entire agreement between you and Wellness & Care Connection LLC regarding your use of the Platform, superseding all prior agreements or communications.
36. General Inquiries
If you have any questions or concerns about these Terms of Service or the Platform, please contact us at the following official contact points.
Email: info@findyourlocalspa.com
Mail: Wellness & Care Connection, LLC, 5900 Balcones Drive, Suite 100 Austin, TX 78731, United States