Proprietary Rights and Non-Disclosure Agreement

You acknowledge and agree that any and all information pertaining to all iT Intelligent Treatment services, facial and otherwise, and the daily operation and all pertaining to such, is confidential. You, the patient, acknowledge and agree that, by receiving service(s) at iT Intelligent Treatment, you have knowingly entered into a non-disclosure agreement with iT Intelligent Treatment. You acknowledge and agree that this has been explained to you prior to your first service, and that at all times you may refer back to these Terms for review. iT Intelligent Treatment reserves the right to take legal action for any disclosure of treatments, the steps of these treatments, and everything pertaining to the daily workings of iT Intelligent Treatment and our partners within. Referring potential patients to iT Intelligent Treatment does not fall under this clause so long as you, the patient, not make the Confidential Information available in any form to any third party or to use the Confidential Information for any purpose other than referring or enjoying its rights under this Agreement. Details of proprietary information and daily workings are not necessary nor warranted for disclosure during the referral process of communication.

Feedback and Reviews

You acknowledge and agree that all feedback, conversation and all other information provided by you, the patient, to iT Intelligent Treatment, are not confidential. You acknowledge and agree that iT Intelligent Treatment may reproduce, modify, or otherwise use such feedback for any and all commercial purposes. If you suggest any new idea that iT Intelligent Treatment adopts, you, the patient, acknowledges that iT Intelligent Treatment shall own and has all rights to use such suggestions and shall be the sole and exclusive property of iT Intelligent Treatment. These suggestions shall be free from any confidentiality restrictions that might otherwise be imposed.

Patient Misrepresentation

You, the patient, acknowledge and agree that if during the Booking process, you misrepresent yourself in any manner, including but not limited to, a misrepresentation of your age, ethnicity and/or medical history, iT Intelligent Treatment and its employees reserve the right to cancel your booked service without notice or refund. You, the patient, acknowledge and agree that you will be charged the full amount of the booked service.

Cause for Ejection

You, the patient, acknowledge and agree that if during the Booking process, you misrepresent yourself in any manner, including but not limited to, a misrepresentation of your age, ethnicity and/or medical history, iT Intelligent Treatment and its employees reserve the right to cancel your booked service without notice or refund. You, the patient, acknowledge and agree that you will be charged the full amount of the booked service. You the patient acknowledge and agree that at the time of your booked service, if you are under the influence of drugs or alcohol, or are verbally and/or physically abusive, your service will be immediately canceled/halted, the service will not be performed, and you the patient, will be charged the full amount.

Libel and Slander

You the patient agree to not post, promote, write, speak, advertise, or otherwise transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, hateful, obscene, or racially, ethnically, sexually or otherwise objectionable material of any kind or nature. Libelous and/or Slanderous attacks will constitute immediate cancellation of all Member and Package services without refund, and iT Intelligent Treatment may take whatever legal action it determines is appropriate.

Email and Text Messaging

You, the patient, represent that if you provided an email and/or phone number, that this is your email and/or phone number, as a patient or interested potential future patient of iT Intelligent Treatment, that you consent to receive texts and/or emails about the services you receive, including, without limitation, appointment reminders, confirmation emails, questions about scheduling or services, medical provider communications, newsletter, announcements, and specials. You, the patient, represent that all information entered is your own, and that you consent to receive non-marketing and marketing email and/or text communications to the addresses and numbers provided.

Please note that if you opt out of receiving transactional text messages from us you may not receive important and helpful information and reminders about your appointments and treatment.

Logos & Trademarks

All trademarks, service marks, logos, taglines, and slogans displayed on all iT Intelligent Treatment advertising/marketing/website/booking site/etc are the property of iT Intelligent Treatment and their respective owner(s). Nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed without the express written permission of iT Intelligent Treatment or such third-party that may own the mark.

Disclaimer of Warranties

The service(s) is provided “as is” and “as available,” with any/all faults and without warranties of any kind. iT Intelligent Treatment makes no warranty or representation, expressed, implied or statutory, with respect to services, including without limitation, any warranty of fitness for a particular purpose, accuracy other than errors introduced by iT Intelligent Treatment, merchantability and/or non–infringement. iT Intelligent Treatment does not warrant that the service(s) will satisfy you, the patient’s, needs/wants/requirements or operate uninterrupted or error-free. iT Intelligent Treatment does not warrant any third-party software, products, services and/or equipment. All content available through iT Intelligent Treatment is informational only and does not represent or warrant that any content is accurate, timely, complete, or appropriate or that any errors in content made available through the service(s) will be corrected. You, the patient, assume the responsibility to take adequate precautions against damage to all systems and operations of iT Intelligent Treatment which could be caused by defects or deficiencies in the service(s). You, the patient, also acknowledge and agree that electronic communications and databases are subject to errors, tampering and break-ins and that while iT Intelligent Treatment will implement reasonable and appropriate security measures, iT Intelligent Treatment does not guarantee that such events will not take place. You, the patient, shall implement and take responsibility for backing up all user data. The disclaimers set forth above are independent of any other remedy set for the herein and are intended to apply whether other remedy fails of its essential purpose.

Limitation of Liability

To the maximum extent permitted by law, in no event will iT Intelligent Treatment or any of its affiliates/associates/partners/licensors/suppliers be liable to any patient or third party for any special, incidental, consequential, punitive or indirect damages, whether in contract, tort including negligence or otherwise, which include without limitation, damages for personal injury, lost profits, lost data and business interruption, arising from the use of or inability to use the service(s), its content or products, or any of the third parties content available through the service(s) even if iT Intelligent Treatment has been advised of the possibility of such damages.

Indemnification

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you, the patient, agree to indemnify, hold harmless and defend iT Intelligent Treatment, its parents, subsidiaries, affiliates, licensors, licensees, suppliers, partners and providers and their officers, directors, affiliates, subcontractors, agents and employees (each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of (a) your use of the Service; (b) your failure to comply with any applicable laws and regulations; and/or (c) your breach of any obligations set forth the Terms & Conditions. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

Termination

Termination of any part(s) of this agreement by you, the patient, must be submitted in writing and confirmed receipt by iT Intelligent Treatment. Termination of Non-disclosure is not possible once you, the patient, have received any service including consultation, by/with/at/from iT Intelligent Treatment or have been exposed to any and all proprietary information and any/all information or visual exposure, or through conversation, to the daily workings and/or proprietary services by/with/at/from iT Intelligent Treatment.

Upon termination of any part of this Agreement for any reason, your patient right to use iT Intelligent Treatment service(s) shall immediately cease. The terms and provisions of this Agreement, other than the continued use of service(s), shall survive any termination of this Agreement. Termination of this Agreement shall not relieve either Party of any obligation accrued prior to the termination date.

You, the patient, acknowledge and agree that in the event of a material breach of this Agreement by you, the patient, shall be entitled to seek injunctive relief against you. This Agreement may not be amended, modified, supplemented or rescinded unless agreed to by iT Intelligent Treatment.

Email and Text Messaging

You, the patient, represent that if you provided an email and/or phone number, that this is your email and/or phone number, as a patient or interested potential future patient of iT Intelligent Treatment, that you consent to receive texts and/or emails about the services you receive, including, without limitation, appointment reminders, confirmation emails, questions about scheduling or services, medical provider communications, newsletter, announcements, and specials. You, the patient, represent that all information entered is your own, and that you consent to receive non-marketing and marketing email and/or text communications to the addresses and numbers provided.

Please note that if you opt out of receiving transactional text messages from us you may not receive important and helpful information and reminders about your appointments and treatment.

Governing Law; Arbitration

This Agreement and all claims related to it, its execution, or the performance of the Parties under it, shall be construed and governed in all respects according to the internal laws of the State of New York without regard to the conflict of law provisions thereof. You, the patient, hereby waives any right to bring any claim against iT Intelligent Treatment in court (including any right to a trial by jury), except as provided by the rules of the arbitration forum in which a claim is filed. You, the patient, waives any right it may have to start or participate in, and agrees to opt out of, any class action against iT Intelligent Treatment, arising from or relating to the Service or this Agreement. Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Service(s) shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, NY and the language of such arbitration shall be English. iT Intelligent Treatment may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect iT Intelligent Treatment’s rights or property pending the completion of arbitration. The arbitrator shall not have the authority, power or right to alter, change, amend, modify, add, or subtract from any provision of this Agreement. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the Parties, and judgment may be entered thereon in any court of competent jurisdiction.

Force Majeure

Neither Party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God, or any government or any governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond iT Intelligent Treatment’s control. Certain obligations may require the cooperation of third parties outside the control of a Party. In the event such third parties fail to cooperate in a manner that reasonably permits the performance of a Party’s obligations, such failures shall be considered as causes beyond the control of the Party for the purposes of this Section and shall not be the basis for a determination that such Party is in breach of any of its obligations under this Agreement or is otherwise liable.

Questions or concerns

If you have questions or concerns with respect to the Terms & Conditions, please contact iT Intelligent Treatment via email at contact@itxmagic.com