Legal and Enforceable Online Contract
18 Years of Age to Use
To use this website, you must be 18 years of age or older. Any offers of sale presented through this website are only intended for individuals who are 18 years of age or older. By using this website or purchasing goods or services from the use of the Cape Fear Aesthetics Services, you affirm that you are 18 years of age or older.
This website is not directed for use by children. This website is intended for use by adults who are 18 years of age or older. If a parent or guardian elects to allow a child under the age of 13 years old to utilize this website, then such parent or guardian agrees that it has provided its consent to Cape Fear Aesthetics to allow Cape Fear Aesthetics to use its technology while its child is utilizing this website.
No Automated Querying
You may not send automated queries of any sort to Cape Fear Aesthetics's system without express permission in advance from Cape Fear Aesthetics. Note that "sending automated queries" includes, among other things:
- using any software which sends queries to Cape Fear Aesthetics to determine how a website or webpage "ranks" on Cape Fear Aesthetics for various queries;
- "meta-searching" Cape Fear Aesthetics; and
- performing "offline" searches on Cape Fear Aesthetics.
Please do not write to Cape Fear Aesthetics to request permission to "meta-search" Cape Fear Aesthetics for a research project, as such requests will not be granted.
YOU understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that YOU, and not Cape Fear Aesthetics, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the social network site (“Service”). Cape Fear Aesthetics does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. YOU understand that by using the Service, YOU may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Cape Fear Aesthetics be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Cape Fear Aesthetics official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
YOU acknowledge that Cape Fear Aesthetics may or may not pre-screen Content, but that Cape Fear Aesthetics and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Cape Fear Aesthetics and its designees shall have the right to remove any Content that violates this User Conduct or is otherwise objectionable. YOU agree that YOU must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, YOU acknowledge that YOU may not rely on any Content created by Cape Fear Aesthetics or submitted to Cape Fear Aesthetics, including without limitation information in Cape Fear Aesthetics's Message Boards and in all other parts of the Service.
YOU understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOU understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Cape Fear Aesthetics and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Interstate Nature of Communications on Cape Fear Aesthetics's Network
When you register with Cape Fear Aesthetics, YOU acknowledge that in using Cape Fear Aesthetics services to send electronic communications (including but not limited to sending messages to Cape Fear Aesthetics's message boards, and other Internet activities), YOU will be causing communications to be sent through Cape Fear Aesthetics's computer networks, portions of which are located in North Carolina. As a result, and also as a result of Cape Fear Aesthetics's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this User Conduct, YOU acknowledge that use of the service results in interstate data transmissions.
Recognizing the global nature of the Internet, YOU agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, YOU agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Cape Fear Aesthetics does not claim ownership of Content YOU submit or make available for inclusion on the Service. However, with respect to Content YOU submit or make available for inclusion on publicly accessible areas of the Service, YOU grant Cape Fear Aesthetics the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content YOU submit or make available for inclusion on publicly accessible areas of this Website, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Cape Fear Aesthetics Service to which such Content was submitted or made available. This license exists only for as long as YOU elect to continue to include such Content on the Service and will terminate at the time YOU remove or Cape Fear Aesthetics removes such Content from the Service. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as YOU elect to continue to include such Content on the Service and will terminate at the time you remove or Cape Fear Aesthetics removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video YOU submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of this Website that are intended by Cape Fear Aesthetics to be available to the general public. By way of example, publicly accessible areas of the Service would include Cape Fear Aesthetics's Message Boards that are open to both members and visitors. However, publicly accessible areas of the Service would not include your user account, or other areas off of this Website such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Cape Fear Aesthetics.
Original material which Cape Fear Aesthetics posts on its websites is protected by intellectual property laws. Copyright © 2011 Cape Fear Aesthetics, Inc., All Rights Reserved, Cape Fear Aesthetics™. You are hereby granted a non-exclusive license to use Cape Fear Aesthetics Application (“Content”), but only while utilizing the Cape Fear Aesthetics Application. You are also granted a limited license to print copies of any Content posted on Cape Fear Aesthetics Application, but only for your personal use. Except as expressly provided herein, Cape Fear Aesthetics reserves all rights to its intellectual property. Among other things, except to the extent required for the limited purpose of reviewing materials on the Cape Fear Aesthetics Application, any electronic reproduction, adaptation, distribution, performance or display of the Content is prohibited. Commercial use of any of the Content is strictly prohibited. Except as expressly provided herein, use of any copyright, patent or trademark of Cape Fear Aesthetics also is strictly prohibited.
Cape Fear Aesthetics’s technology provides a method and program for its advertisers and partners to distribute their marketing materials contained within this website to you while receiving valuable and accurate feedback on what you think is interesting. Our technology enables us to determine (i) your geographic location from either the zip code that you provide to Cape Fear Aesthetics when installing Cape Fear Aesthetics’s website and/or other applications onto your computer or through your GPS of your mobile device; (ii) your age and income if you voluntarily submit it to Cape Fear Aesthetics; (iii) your search terms or interactive behavior via Cape Fear Aesthetics’s website; (iv) your purchasing behavior; (v) your computer location through your unique computer IP address; (vi) source of the information sought by you during your search; and (vii) the age of your results data (collectively, “Shared Information”). More importantly, our technology obtains the Shared Information anonymously without obtaining your identity or any other personal identifiable information of you. The Shared Information is sorted by unique computers, rather than unique users.
You are prohibited from violating or attempting to violate the security of the website application and corresponding websites, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; b) using website for unintended purposes or trying to change the behavior of the website and its applications; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the website or its applications, overloading, "flooding," "spamming," "mailbombing" or "crashing;"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of Cape Fear Aesthetics’s applications or website (impersonating Cape Fear Aesthetics’s applications or website) or to the Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Cape Fear Aesthetics, including promotions and/or advertising of products or services, is expressly prohibited.
You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of Cape Fear Aesthetics’s application and website or any activity being conducted on Cape Fear Aesthetics’s application or website. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the website other than the search agents provided by Cape Fear Aesthetics or generally publicly available browsers.
In no event shall Cape Fear Aesthetics, or their affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.
Limitation of Liability and Disclaimers
By using this website, you expressly agree that your use of this website is at your sole risk. This website is provided on an “AS IS” and “as available” basis. Neither Cape Fear Aesthetics nor their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of this website will be uninterrupted or error-free. Neither Cape Fear Aesthetics nor their Associates warrant the accuracy, integrity or completeness of the content provided on this website or the products or services offered for sale on this website. Further, Cape Fear Aesthetics makes no representation that content provided on this website is applicable to, or appropriate for use in, locations outside of the United States. Cape Fear Aesthetics and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Cape Fear Aesthetics or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
Under no circumstances shall Cape Fear Aesthetics or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use this website, including but not limited to reliance by you on any information obtained from this website that results in mistakes, omissions, interruptions, security breaches, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortious action, even if an authorized representative of Cape Fear Aesthetics has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, your data stored by Cape Fear Aesthetics, goods or servicesavailable through this website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Tampering with the Cape Fear Aesthetics Application, misrepresenting the identity of a user or buying agents, using software to manipulate the Cape Fear Aesthetics Application in any way, or conducting fraudulent activities through use of the Cape Fear Aesthetics Application are prohibited.
Venue and Applicable Law
Contact Information for Cape Fear Aesthetics
- Cape Fear Aesthetics’s Website address is: http://www.capefearaesthetics.com
- The mailing address for Cape Fear Aesthetics is: Cape Fear Aesthetics 2053 Valleygate Dr. Suite 102 Fayetteville, NC 28304
- The telephone number for Cape Fear Aesthetics is: (910) 323-3757
- The e-mail address to contact Cape Fear Aesthetics is: email@example.com
Terms of Service Agreement Updates
This User Conduct was last updated on May 15th, 2012. Any changes made to this User Conduct will be effective as of the date posted to this page.