Terms Of Use
Last updated: Mar 24, 2025, 11:54 AM
1. Acceptance of Terms
Please read these Terms of Use (“Terms,” “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 (“Company,” “we,” “us,” “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.
Find Your Local Spa serves solely as an intermediary, connecting consumers with licensed and professional spa service providers (“Service Providers”) based on geographic location. We do not provide spa services directly.
You also confirm that:
· You are at least 18 years old or have legal guardian consent if you are under 18.
· You have the legal capacity to enter into a binding agreement.
By accessing or using the Platform, and by affirmatively clicking “I Agree” or checking the acceptance box when prompted, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree to any part of these Terms and conditions, then you may not access or use the Platform.
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.
For Service Providers that offer both day spa and medical treatments, all leads generated through our Platform will be directed exclusively to non-medical day spa services. We disclaim all liability for any services that fall outside this non-medical scope, including any related regulatory or compliance issues that may arise.
We verify the business license and permits of the spa itself. However, we do not independently validate the professional licenses or certifications of the individuals who work at the spa. Consumers are solely responsible for verifying the credentials, quality, and suitability of any Service Provider prior to engaging their services.
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. Our core lead generation service for consumers is free, however, 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 factors such as geographic location, market demand, and the costs associated with our exclusive use of paid search campaigns on Google Ads.
You, the Spa Associate, acknowledge and agree to the following terms regarding payments and pricing:
1. Lead pricing is dynamic and may fluctuate. While these fluctuations are generally not significant, they may occur without prior notice due to changes in ad platform rates, inflation, or competitive bidding.
2. All applicable fees will be disclosed to you prior to your purchase of a lead. Your acceptance of a lead constitutes your agreement to the disclosed fee.
3. The Company is not obligated to provide individual notifications of price changes, except as part of a subscription or recurring billing arrangement.
4. Payments are processed through third-party providers, and you agree to their respective terms and conditions.
5. All sales are final unless otherwise stated. Refunds, if applicable, are issued at the Company's sole discretion.
We reserve the right to adjust pricing models, fee structures, or service tiers at any time, provided that such changes are reflected transparently at the point of transaction or within a subscription agreement.
6. Spa Associate Eligibility, Registration, and Account Security
Our services for Spa Associates are available only to individuals and business entities that are capable of forming 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 updated at all times. You must provide truthful information, and submitting false or misleading information will result in the 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.
We reserve 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.
7. Communications and SMS Messaging Terms & Conditions
By using the Platform, you agree to the communication practices outlined below, which apply based on your user type.
A. Communications with Leads and Website Users
We communicate with you via email to verify your identity and to provide appointment reminders, updates, and other relevant information. By opting into our SMS program, you consent to receiving recurring text messages from Wellness & Care Connection, LLC, which may include updates, surveys, and promotional offers.
B. Communications with Spa Associates
As a Spa Associate, you consent to receive both email and SMS communications from Wellness & Care Connection, LLC. These messages may include, but are not limited to, lead notifications, billing alerts, administrative updates, and information regarding your account or services.
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. We are 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.
A. Information We Collect
We collect information from two distinct groups of users:
A.1. From Consumers and Website Users We collect information that you voluntarily provide through our website, forms, or other communication channels. This may include:
· Name, email address, phone number, and zip code.
· Billing address (if applicable).
· IP address and device identifier.
· Internet or other electronic activities, such as interactions with our website or advertisements.
A.2. From Spa Associates and Service Providers To verify the legitimacy and suitability of our business partners, we may collect:
· Spa license numbers and relevant certifications.
· Business address and billing information.
· Contact details of key personnel (e.g., names, phone numbers, email addresses).
· Additional details necessary for partnership verification or contractual compliance.
B. Purpose of Data Collection
We collect and use this 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.
· To maintain compliance with applicable laws and regulations.
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, as no method of electronic transmission or storage is 100% secure, we cannot guarantee absolute security.
D. Your Privacy Rights
In accordance with applicable privacy laws, you have the right to:
· Access the personal information we hold about you.
· Request the correction of any inaccurate or incomplete data.
· Request the deletion of your personal information, subject to legal and contractual limitations.
Requests can be submitted by contacting us at info@findyourlocalspa.com
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
1. License and Permitted Use: We grant 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.
2. 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: Impersonating or misrepresenting your identity, affiliation, or association with any person or entity.
· Malicious Activity: Introducing viruses, trojan horses, worms, or other harmful materials. Attempting to gain unauthorized access to, or engaging in denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks against, any part of the Platform or its systems.
· Unauthorized Scraping: Using robots, spiders, scrapers, or other automated means to access or copy any material on the Platform without authorization.
· Unlawful Conduct: Using the Platform in any manner that violates federal, state, or local laws, including all applicable data privacy and protection laws.
· Interference: Engaging in conduct that restricts or inhibits any other person’s use or enjoyment of the Platform, or using the Platform in any way that could damage, disable, or overburden it.
B. Submission of Content and Specific Obligations
1. Content Submitted by Website Users and Leads: By submitting a testimonial to us through our designated email forms, 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: You are solely responsible for the accuracy and legality of all content you submit for your business listing, including images, descriptions, and credentials. You affirm that you have secured all necessary rights and consents for any such content.
We reserve the right to restrict, terminate, moderate, remove, or refuse to publish any content or access to the Platform at our sole discretion.
10. Health and Wellness Disclaimer
Some spa Service Providers listed on the Platform may offer services with therapeutic or health-related benefits (e.g., massage therapy, lymphatic drainage, 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.
You acknowledge and agree to the following:
· The Company does not provide medical advice, diagnosis, or treatment. The Platform is not a substitute for professional healthcare or consultation with a licensed medical provider.
· Any health-related claims made by Service Providers are their sole responsibility and should be independently verified by you.
· You 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), including:
1. The right to know what personal information we collect, use, disclose, or sell.
2. The right to request deletion of your personal information.
3. The right to opt out of the sale or share your personal information.
4. The right to correct inaccurate personal information.
5. The right to limit the use and disclosure of sensitive personal information.
6. The right not to be discriminated against for exercising your 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 timeframes required by law.
Please note that we do not sell personal information as defined by California law. For more details, please refer to our Privacy Policy
If you are an authorized agent making a request on behalf of a California resident, you must provide written permission signed by the resident and verification of your identity.
California residents under the age of 18 who have registered to use the Platform may request the removal of content or information they have publicly posted. To do so, please contact us at info@findyourlocalspa.com 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. Such notices shall be deemed properly given when sent to the receiving party's designated address or email, as follows:
1. By Email: To the email address provided by the party. For Wellness & Care Connection LLC, the designated email address is info@findyourlocalspa.com. Email notices shall be deemed received on the date sent, provided that no delivery failure notice is received.
2. By Certified Mail or Courier: To the party's principal business address. For Wellness & Care Connection LLC, the address is 5900 Balcones Drive, Suite 100, Austin, TX 78731, Attn: Legal Notices. Notices shall be deemed received on the date of certified delivery.
Additionally, we 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 they are posted.
Each party agrees to keep its contact information current and to notify the other party of any changes.
13. Delays, Accessibility, and Force Majeure
We strive to maintain uninterrupted access to our Platform and Services. However, we shall not be liable for any delay, disruption, or failure in performance resulting from circumstances beyond our reasonable control, including but not limited to:
1. Acts of God, natural disasters, or extreme weather;
2. Internet or hosting outages, cyberattacks, or system failures;
3. Government actions, regulatory changes, or legal restrictions;
4. Labor disputes, strikes, or supply chain disruptions;
5. Pandemic-related closures or health emergencies.
In such cases, 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 to the Platform may be subject to limitations based on device compatibility, internet connectivity, and 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, upon written notice.
14. Data Security and Privacy
Commitment to Data Security: We are committed to protecting the security of our users', leads', and spa associates' data. We implement commercially reasonable security measures designed to protect your information against unauthorized access, misuse, or disclosure.
Platform Risks and Limitation of Liability: However, you acknowledge that no data transmission over the Internet can be guaranteed as 100% secure. Therefore, we cannot ensure or warrant the security of any information you transmit to us. To the maximum extent permitted by law, the Company disclaims all liability for any loss, damage, or consequence, including, but not limited to, data breaches, hacking attacks, ransomware, or any unauthorized access to your information or third-party data, that results from the use of the Platform or data storage.
User Responsibility: In addition to the security measures we implement, you are responsible for maintaining the confidentiality of your login credentials and for taking all necessary precautions to protect your own devices and personal data against malware, viruses, and other harmful components.
Compliance with Law: We are committed to complying with all applicable data protection and privacy laws as they relate to the collection, use, and storage of your data.
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”). We do not supervise, endorse, guarantee, or control the quality, availability, or outcome of any services provided by Providers.
Any reviews, ratings, testimonials, or public commentary submitted by Leads about their experience with Providers are independent expressions of the user. The Company does not endorse, and shall not be held liable for, any content published on our platform or on any third-party websites, including but not limited to Google reviews, Yelp, or social media.
The Company shall not be liable for any reputational, commercial, or operational damages arising from:
1. User-generated content
2. Interactions between Leads and Providers
3. Any disputes, misunderstandings, or outcomes resulting from services rendered by Providers
Users and Providers agree to resolve any issues directly, and the Company is not a party to any agreement or transaction between them.
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. Disclaimer and Limitation of Liability
Wellness & Care Connection, LLC acts as a platform to connect consumers with third-party spa service providers. To the maximum extent permitted by law, the Company expressly disclaims all warranties and liability for the quality, safety, legality, or availability of any services offered by such providers.
You acknowledge and agree that your use of the Platform and your interaction with Service Providers is entirely at your own risk. The Company shall not be liable for any direct, indirect, incidental, punitive, or consequential damages, including but not limited to, those arising from:
Physical injury or death, emotional or psychological distress, or property damage or loss.
Delays, disruptions, or errors in the Platform.
Reliance on opinions, content, or information provided through the Platform.
Actions, omissions, or services provided by spas, Service Providers, or other third parties.
Any third-party content, communications, or interactions encountered through the Platform.
Disputes, misunderstandings, or dissatisfaction with services rendered by third parties.
19.1 Limitation of Liability for Data Breach
The Company implements commercially reasonable measures to protect the personal and business information of Users and Spa Partners. However, no method of transmission or storage is completely secure, and the Company cannot guarantee absolute data security.
To the fullest extent permitted by law, the Company shall not be liable for any damages, losses, or claims arising from:
Unauthorized access to data caused by third-party service providers, including hosting platforms, CRM systems, or payment processors;
User-side vulnerabilities, including compromised devices, weak passwords, or shared login credentials;
Breaches resulting from force majeure events, including cyberattacks, natural disasters, or governmental actions;
Any delay in notifying Users due to ongoing investigations or coordination with law enforcement.
Users are responsible for maintaining the confidentiality of their access credentials and for promptly notifying the Company of any suspected unauthorized activity.
Maximum Liability: The Company’s aggregate liability for any claim arising out of or related to the Platform shall not exceed the greater of the total amount paid by you to the Company or $100.
This limitation applies regardless of legal theory, including negligence, breach of contract, tort, or otherwise, even if the Company has been advised of the possibility of such damages. You acknowledge that the Company is only an intermediary connecting Leads with Service Providers, and you assume all risks associated with your interactions, agreements, or services provided by them.
20. 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.
21. Intellectual Property and DMCA Notice
21.1 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.
21.2 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.
21.3 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.
21.4 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.
22. 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.
23. 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.
24. Changes to Terms of Service
Wellness & Care Connection, LLC reserves the right, at its sole discretion, to modify, update, or revise these Terms of Service at any time. Any updated Terms will be posted on the Website and are effective immediately upon publication, unless otherwise specified. Your continued use of the Platform after such updates constitutes your acceptance of the revised Terms. If you do not agree to any changes, you must stop using the Platform immediately. We may, but are not required to, provide additional notice of material changes.
25. Disclaimer of Warranties and Availability
The Platform and Website are provided on an "as is" and "as available" basis. Wellness & Care Connection LLC makes no representations or warranties of any kind, either express or implied, including but not limited to:
Warranties of merchantability, satisfactory quality, or fitness for a particular purpose.
Warranties arising from law, course of dealing, course of performance, or trade usage.
Any guarantees regarding the availability, accuracy, completeness, or currency of the information, products, or services on the Platform.
We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You acknowledge that the information, products, and services on the Platform may contain errors or inaccuracies, and that prices, descriptions, and availability may change without notice. We reserve the right to correct any errors, including pricing mistakes. Your use of the Platform and any reliance on its content is done at your own risk.
26. 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.
27. 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’s provisions. These Terms shall not be governed by 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 by 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 is not resolved within this period, either party may initiate arbitration. The arbitration will be conducted by a single arbitrator under the rules of the American Arbitration Association (“AAA”). The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court with jurisdiction. The arbitration will take place in the county where you reside, unless both parties agree to another location or choose to conduct the arbitration via telephone or video conference.
Class Action Waiver: You and the Company agree that any arbitration will be conducted solely on an individual basis. By agreeing to these Terms, you and the Company waive the right to file or participate in any class, collective, or representative action against us.
Exceptions to Arbitration: Notwithstanding the mandatory arbitration requirement, either party may bring individual claims in small claims court within its jurisdiction. Additionally, either party may seek injunctive or equitable relief in court for matters involving intellectual property rights or unauthorized access to the Platform.
28. Feedback and Suggestions
If you submit comments, ideas, or suggestions regarding the Site or Services, you agree that such feedback is deemed non-confidential and non-proprietary. You grant to Wellness & Care Connection LLC an irrevocable, royalty-free, perpetual, worldwide, non-exclusive, and transferable license to use, reproduce, modify, and create derivative works from such feedback without restriction or compensation to you.
29. Parental Control Information and Disclaimer
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.
30. 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.
31. 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.
Patricio Diaz: Ceo & Founder
Email: info@findyourlocalspa.com
Mail: Wellness & Care Connection, LLC
5900 Balcones Drive, Suite 100 Austin, TX 78731, United States