Last updated August 4, 2018
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
2. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, Joanna Hunt, LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,
You are expressly and emphatically restricted from all of the following:
• publishing any Website material in any media;
• selling, sublicensing and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is, or may be, damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
• using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Joanna Hunt, LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Joanna Hunt, LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Joanna Hunt, LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No Warranties
The site is provided by Joanna Hunt, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Joanna Hunt, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Joanna Hunt, LLC shall have no liability for any interruptions in the use of this website. Joanna Hunt, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
WARNING: I UNDERSTAND THAT:
Ashley Black Company products, currently under the brand names FasciaBlaster®, or any other trade names, are Class 1 medical devices and are intended for self-use by healthy individuals. Always seek medical advice from your medical professional, or other trusted specialist, before beginning any beauty regime or exercise program.
• DO NOT USE the FasciaBlaster® line of products if you have a history of or may have blood clots also known as Deep Vein Thrombosis.
• DO NOT USE the FasciaBlaster® line of products directly on varicose veins and discontinue use if you develop them during use of the FasciaBlaster(s)
• DO NOT USE the FasciaBlaster® line of products if you have recently, are currently, or will be taking blood thinners.
• DO NOT USE the FasciaBlaster® line of products on the carotid artery located on both sides of the neck.
• DO NOT DIG the FasciaBlaster® line of products on the carotid artery located behind the neck muscles.
• If you are pregnant, DO NOT USE the FasciaBlaster® line of products or any other FasciaBlaster® line of products or Ashley Black Company product or service on the belly. Consult an OBGYN and decide with your provider if the FasciaBlaster(s) is right for you.
WARNING: The FasciaBlaster® line of products and other Ashley Black Company products or services can cause a release of toxins, so USE AT YOUR OWN RISK. Please see our scientific findings relative to evidence known as well as unknown. www.AshleyBlackGuru.com/findings
WARNING: Toxins may be pulled out of the tissue and can cause rashes, bumps, redness, irritation, itching, nausea, emotional reactions, vomiting, hormone changes, increased sensitivity, headaches, acute inflammation, changes in cycle, reoccurrence of pre-existing condition, weight gain and other toxicity-associated symptoms. We do not know the exact process which toxins are released.
DO NOT USE the FasciaBlaster® line of products if you are unwilling to bruise, as bruising is a part of the healing process after using the device. I acknowledge that I am responsible for the depth and pressure of the FasciaBlaster® line of products and other Ashley Black Company products or services during SELF-USE.
The Ashley Black Company products and services are intended for SELF-USE. I acknowledge that, if I am a practitioner of any type and choose to use any Ashley Black Company product or services on another individual, I am subject to my state-by-state laws and will practice within my scope and authority under applicable state law.
I acknowledge that if I chose to use the FasciaBlaster® line of products or other Ashley Black Company products or services, I am solely responsible for the outcome and I hereby waive any and all liability, whether in contract or in tort, of the Ashley Black Company and any of its parents, subsidiaries, associated or affiliated entities, and their respective owners, officers, directors, employees, contractors or assigns.
I acknowledge that I am aware that the FasciaBlaster® line of products and other Ashley Black Company services and products can re-establish blood flow and that veins and arteries may be more visible as part of this process.I understand that Ashley Black Company is a group of innovators in the field of Fasciology, which is not yet a recognized science or license. Ashley Black Company does not identify itself or any of its personnel, as a licensed dietician, nutritionist, certified personal trainer, massage therapist, medical provider, or licensed/certified as a professional in any field.
I understand that Ashley Black Company products and services are not a substitute for the consultation, diagnosis and/or medical treatment provided by your doctor, healthcare provider, nutritionist, dietician or other licensed or certified professional, or any trusted specialist.All Ashley Black Company products and services are not and will not be reviewed by any fitness professional or physician. There is no certifying body recognized by the US government, foreign governments, or any state government in the field of Fasciology. By accepting these terms, I agree that I will not hold Ashley Black, or the Ashley Black Company or any affiliated entity responsible for any injury, illness, reaction, allergic reaction, or lack of results while using a product or service of Ashley Black Company in the present or future in perpetuity.I acknowledge that my use of Ashley Black Company products and services is my own responsibility in its entirety and that I understand and agree to the preceding text and the following waiver.
The FasciaBlaster® line of products and other products, and all features, functionality, tools, and content therefor (the “Ashley Black Products,” is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Ashley Black Products and all intellectual property rights therein are the exclusive property of one or more Ashley Black Company. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Ashley Black Products.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, tag lines, and other trademarks and service marks associated with the Ashley Black Company or the Ashley Black Products (the “Marks”) are the property of the Ashley Black Company, and that you are not permitted to use, sell, or otherwise distribute the Marks without our prior written consent.
Subject to your compliance with these terms, the Ashley Black Company grants you a limited non-exclusive, non-transferable license to access and use the Ashley Black Products, for your own personal use only, and not for use as a service provider or any other commercial use.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Ashley Black Products in any form or by any means, or sublicense the rights granted in the terms, except as expressly permitted herein, without the prior written permission of the Ashley Black Company.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Ashley Black Company, except for the licenses and rights expressly granted in the terms. All rights not expressly granted to you by the terms are hereby reserved.
6. Limitation of Liability
In no event shall Joanna Hunt, LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Joanna Hunt, LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Joanna Hunt, LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Joanna Hunt, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Joanna Hunt, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Joanna Hunt, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
8. Third Party Sites
9. Mobile Services
The Service may includes certain services that are available via your mobile phone, including (i) the ability to upload content to Joanna Hunt, LLC via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to messages using text messaging (Mobile Texts), and (iii) the ability to browse Joanna Hunt, LLC from your mobile phone (collectively the “Mobile Services”). We do not intend to charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
11. Variation of Terms
Joanna Hunt, LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Joanna Hunt, LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
13. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Joanna Hunt, LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
14. Governing Jurisdiction of the Texs Courts
15. Compliance with Laws
Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.These Terms will be governed by and construed in accordance with the laws of the State of Texas, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Texas for the resolution of any disputes.