POLICIES & PROCEDURES
TERMS OF SERVICE
Orders are not binding until accepted by Excellence Laser Lipo LLC™ at its Corporate Headquarters. Excellence Laser Lipo LLC™ must have a credit card number on file before acceptance or production.
All payments are made at time of Purchase Order approval. We accept Cashier’s Checks, Money Order’s, Wire Transfer's and payments by Zelle.
We do not accept credit cards payments for anything over $300.00.
All Excellence Laser Lipo LLC™ Customers must have a valid credit card on file. A minimum $10.00 fee, per transaction is added and charged to all
Authorization and Indemnification:
By placing an order with Excellence Laser Lipo LLC™, your company represents and warrants that it has the authority to order, purchase and distribute merchandise containing the names, trademarks, tradedress, logos, copyrights, insignias, and other marks, drawings, and designations identified in your order. Your company shall indemnify, defend and hold harmless Excellence Laser Lipo LLC™ and its affiliates and representatives, from and against all claims, liabilities and expenses (including attorney's fees) arising out of or related to an actual or alleged infringement or misappropriation of any trademark, copyright or any other proprietary right involved in such merchandise order. This provision will remain legally binding and shall survive delivery of your order.
Endorsement of Purchases:
A signature is required on every Purchase Order before production of any kind begins. ****ALL PURCHASE ORDERS**** are to be signed. Purchased Orders require the complete address of the cardholder. Name, billing address of the card used, city, state and zip even if items will be shipped to a separate location. For Purchase Order's paid by check, a signature is still required. If no signature is given, production will not begin or will discontinued. Financial liability for any billable production time or items purchased on your behalf by Excellence Laser Lipo LLC™ is solely your responsibility.
Information and Materials: The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. The information and materials contained in this site, including text, graphics, links or other items are provided “as is” and “as available”, Excellence Laser Lipo LLC™ does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials.
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Excellence Laser Lipo LLC™ unless otherwise indicated. No part of the materials made available may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means electronic, mechanical, photocopying, recording, or otherwise without prior written approval.
Notice of New Services and Changes:
Occasionally, we may also use the information we collect to notify you about important changes to our Web site, new services and special offers we think you will find valuable. As our customer, you will be given the opportunity to notify us of your desire not to receive these please send email to: Information Services.
Merchandise found to be incorrect due to our error will be replaced at no charge when returned within 10 days from receipt of merchandise. A return authorization number from Excellence Laser Lipo LLC™ is required prior to return merchandise. Unauthorized returns will be refused and returned to sender. No credit will be issued for merchandise that is not returned to Excellence Laser Lipo LLC™. On all returns there is a no refund policy after 30 days. For any items that are not damaged/faulty and for canceled orders, no refund will be issued.
Cancellation of Orders (laser white card):
There are no cancellations accept in an emergency information. To cancel an order you must be in writing and is subject to $350 restocking fee in addition to any material/labor cost. As well as a $75.00 cancellation fee if items are not in any way proved to be faulty by manufacturer or Excellence Laser Lipo LLC™. You must then receive a cancellation code from Excellence Laser™. This will be issued to you upon request in writing only. You will receive a cancellation form to sign and return. Once we have received the cancellation form you will receive your cancellation code. A credit towards your next purchase will be immediately available, if items have been paid for in the case of any cancellation. From Excellence Laser™ reserves the right to deny cancellation of an order based on production status. If items have already been purchased or are in the production stage, your order will not be canceled.
We must be notified within three days of your receipt of the order whether items appear to be missing. If we have a signed delivery sip in our files for your order then we will assume all items have been delivered and order is complete unless there is a case of backorders. Excellence Laser™ always lets you know if you items have been backordered please check your delivery slip for details.
Standard Service runs approximately 7-10 working weeks for Laser Production
Production time does not include day order is received; production time will begin after approval of payment has been received and clears our financial institution. ***NOTE*** Items requested that are on backorder, may take up six to eight weeks before production even begins.
Rush orders must be factory authorized. Additional cost of $300.00 will apply per order.
Excellence Laser Lipo’s in-house Graphic Design department is now digital and performs no camera work. Because the quality of the finished imprint is dependent on the quality of the submitted art, we urge clients to obtain the cleanest possible art available. Hard copy art must be crisp, clear, black and white, or company colors. Previously printed promotional items, such as business cards, letterheads, etc. can sometimes be used to reproduce your artwork. 600 DPI or higher is preferred. Black and white laser printer output is an example of acceptable quality. Excellence Laser Lipo LLC™ cannot produce art from promotional items which are curved, such as a sample pen, unless text only. Faxes and photocopies lack the clarity and resolution required and are not suitable for reproduction, unless text only.
*Any art that has to be separated typeset, spread, trapped, converted, or cleaned-up in any way is NOT camera ready and the work required on our end is billable at the rate or $75.00/hour.
Platforms and Formats: We accept artwork for the PC. EPS, TIFF, JPG or GIF in Program's Adobe Illustrator, Pagemaker, Corel Draw, Paintshop Pro or Adobe Photoshop. Illustrator files must be saved as an AI or EPS, with all text converted to outlines. All art, unless otherwise specified, all images will be fit to the maximum imprint area of the item.
Guidelines for Submitting Digital Art to Excellence Laser Lipo LLC™:
Digital art can be supplied on 3.5" floppy diskettes, 100 mb Zip disks and CD ROM.
Digital art may be emailed to Excellence Laser Lipo LLC™ at: the Art Department
Please Name the File as Follows:
Title: Excellence Laser Lipo LLC™ Customer Service Rep Name
For example: Jane/ PO#23456/ABC Company
Please contact the Art Department and request a copy of the Art Guidelines prior to sending art on disk or through E-mail. To produce final film suitable for quality screen making, Excellence Laser Lipo LLC™ artroom requires vector art as produced in many of the industry standard graphics and design programs.
Supported File Formats:
Adobe Illustrator (EPS or Al) for PC, Photoshop (as EPS file, Freehand (FHx) for PC (save as EPS file), as well as other less known programs which can produce a standard EPS image from vector art. Scans, or Bitmaps placed into a vector drawing and saved as EPS are compatible formats to be used for screenprinting production. We recommend converting all text to curves or create outlines out of live text before saving the file to avoid font conflicts and error messages. Excellence Laser Lipo LLC™ can utilize such formats as several of the popular bitmap image formats – TIFF, GIF, JPEG, PhotoShop, PaintshopPro, etc. We can use these scans or bitmaps, if sufficiently clear, as a pattern from which we can redraw your logo in a vector program. We cannot use word processor or presentation software files (Microsoft Word, PageMaker, PowerPoint, etc.) Please make sure you use the "Collect For Output" command before saving our file, and include a copy of any fonts used in the logo, thus circumventing font problems.
Color Match: If PMS color match is required, the charge is $25.00 per color per order for orders less than catalog end quantities. Please send swatch or PMS color number. Otherwise, standard imprint color will be used.
Standard Imprint / Location Selection: Please specify imprint location from available options listed for each item. If imprint location is not specified, Excellence Laser Lipo LLC™ will select the imprint location best suited for artwork submitted.
Additional Color / Location Imprint: Screen Charge of $20.00 will be applied for each additional color and/or location. For additional barrel imprints add $.10, clip imprints add $.12 each per color/location. Please allow 3 extra days production time per color/location. Orders with 3 additional colors of imprint will have a minimum of 500 pieces per order, unless otherwise specified. Orders with 4 or more additional colors of imprint have a minimum of 1,000 pieces.
Order Proofs: Production time for producing actual order will start after approval of proof. Ship dates will be assigned once Excellence Laser Lipo LLC™ receives signed paper approval from customer.
Paper Proof: A pre-production paper proof will be prepared for no charge upon request. Please include an email address or fax number to expedite your order. Subsequent paper proofs carry a $20.00 change of copy fee if the customer requests an addition, deletion or change. Errors on the part of Excellence Laser Lipo LLC™ will be corrected and re-proofed at no charge.
An actual screen / pad printed sample proof before production will be prepared with a one time handling charge of $30.00 per item plus $16.00 per imprint color/location unless otherwise specified.
All orders will be shipped freight prepaid and added to the invoice unless specified otherwise.
White Card recharge Orders will ship via 2-day Service for the same costs as ground parcel service per carton within the continental United States, unless specified. Geographic areas close to our factory will receive 1 and 2-day standard ground parcel service. All orders must specify a street address. Any additional freight charges may be billed after delivery as delivery on all Purchase orders is only estimated.
Delay of shipment:
If delivery date is not mentioned during order process, then we will process order to be delivered via our standard turnaround time. Excellence Laser Lipo LLC™ is not responsible for delays due to shortage of materials, carrier delays, wars, strikes, floods, accidents, Government decree (domestic or foreign) or other contingencies beyond the manufacture’s control such as act of God.
Any claims concerning loss, delayed, or damaged merchandise must be made directly to carrier. Pre-production proofs & speculative samples requests will ship via ground parcel service at no charge. Expedited shipping service options will be at the customer’s expense or on the customer’s shipping account.
By using the Excellence Laser Lipo™ web site (“Service”), all services of Excellence Laser Lipo™, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Excellence Laser Lipo™/ reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE Excellence Laser Lipo LLC™ CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCOUNT MAY BE CLOSED. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in Purchase Order to complete the signup process.
You must sign and provide to Excellence Laser Lipo LLC™ Administration
with a NO COMPETE and a RESTRICTIVE COVENANT
PURCHASE PURCHASE ORDER
A Purchase Order is an offer by Excellence Laser Lipo LLC™ identified on the face of the Purchase Order (the "Buyer") for the purchase of the goods (the "Goods") or services (the “Services”) specified, from the party to whom the Purchase Order is addressed (the "Independent Contractor/Excellence Laser Lipo LLC™ ") in accordance with and subject to these terms and conditions (the "Terms"; together with the terms and conditions on the face of the purchase Purchase Order, the "Purchase Order"). This Purchase Order will be deemed accepted by Excellence Laser Lipo LLC™ upon the first of the following to occur: (a) Buyer making, signing, or delivering to Excellence Laser Lipo LLC™ any letter, form, or other writing or instrument acknowledging acceptance; (b) any performance by Excellence Laser Lipo LLC™ under the Purchase Order; or (c) the passage of ten (10) days after Seller’s receipt of the Purchase Order without written notice to Buyer that Excellence Laser Lipo LLC™ does not accept. This Purchase Order, together with any documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the Purchase Order and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, with respect to the subject matter of the Purchase Order, unless a separate overriding written contract has been entered into and signed by the parties. The Purchase Order expressly limits Excellence Laser Lipo LLC™'s acceptance to the terms of the Purchase Order. These Terms expressly exclude any of Excellence Laser Lipo LLC™’s terms and conditions of sale or any other document issued by Excellence Laser Lipo LLC™ in connection with this Purchase Order.
All non-public, confidential or proprietary information of Excellence Laser Lipo LLC™, including, but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, Customers/Clients, pricing, discounts or rebates, disclosed by Excellence Laser Lipo LLC™ to Buyer, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated or otherwise identified as "confidential," in connection with the Purchase Order is confidential, solely for the use of performing the Purchase Order and may not be disclosed or copied unless authorized by Excellence Laser in writing. Upon Excellence Laser Lipo LLC™ 's request, shall promptly return all documents and other materials received by Buyer. Buyer shall be entitled to injunctive relief for any violation of this Section. This Section shall not apply to information that is: (a) in the public domain; (b) rightfully and legally known to the Seller at the time of disclosure; or (c) rightfully and legally obtained by the Seller on a non-confidential basis from a third party.
APPROVAL OF APPROVAL
Proofing and Inspection
All goods and services will be subject to inspection by Buyer in any event prior to final acceptance. Final acceptance or rejection of the goods or services will be made as promptly as practical after delivery except as otherwise provided in the Purchase Purchase Order, but failure to inspect and accept or reject goods or services or failure to detect defects by inspection, will neither relieve Seller from responsibility for such goods or services as are not in accordance with the Purchase Purchase Order nor impose liabilities on Buyer for them.
Landing Page Rejection
Excellence Laser Lipo LLC™ Graphic Design Department will revise the Landing Page after first rejection free of charge. Pricing for changes and revisions thereafter are charged $50.00 per hour (2 hour min) regardless of the revision requested.
Buyer is REQUIRED to sign off on all work done including any revision(s) before launching of Traffic System. (SEE APPROVAL FORM)
INVOICES AND PAYMENT:
Invoices shall be rendered in duplicate and shall contain the Purchase Order Number, item number, description of goods or services, quantities, unit prices, and total purchase price. All taxes shall be stated separately. Cash discount periods shall be computed on the face of the invoice and Purchase Order.
Independent Contractor’s Agreement
Our Independent Contractor’s Agreement can be downloaded after creating an account.
You are responsible for maintaining the security of your account and password. www.excellencelaserlipo.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
The price of the Goods or Services is the price stated on the face of the Purchase Order(s)(the “Price”). Excellence Laser Lipo LLC™ shall invoice Buyer for the Purchase Order. Unless otherwise stated in the Purchase Order, Buyer shall pay all properly invoiced amounts due to Excellence Laser Lipo LLC™, upon receipt of request. Buyer will receive an invoice along with the request. Payment of an invoice is not evidence or admission that the Goods or Services meet the requirements of the Purchase Order.
Modifications to the Service and Prices
Excellence Laser Lipo LLC™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
The terms found on the face of the Purchase Purchase Order shall govern over the terms and conditions herein. Any separate written overriding agreement signed by both parties shall govern over the terms of the Purchase Order.
TYPES OF PAYMENTS
Excellence Laser Lipo LLC™ accepts Cashier's Checks, Money Orders, Wire Transfer’s and Zelle only.
We DO NOT accept credit card payments.
ALL payments of $300.00 or more must be made by one of the payment forms listed above.
Make all checks out to:
Excellence Laser Lipo LLC™
20987 N John Wayne Parkway
Maricopa, AZ 85139-2926
All monthly payments must be paid by the fifth of each month. Traffic will cease if payment is not received.
All Purchase Orders are final. There are no refunds.
There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months the System is unused.
Copyright and Content Ownership
By using Excellence Laser Lipo LLC™ you agree to allow others to view and share your Content.
Intellectual Property Infringement
You may not provide to Excellence Laser Lipo LLC™ any written copy, photo’s, video, logo’s Gravatars, or any other content that infringes the patents, copyrights, trade secrets, trademark, moral rights, or propriety rights of any party. Excellence Laser Lipo LLC™ assumes no responsibility, and you assume all risk regarding the determination of whether material is in the public domain, or may otherwise be used on your behalf for the purposes of creating a Landing Page.
Landing Page Content
Excellence Laser Lipo LLC™ reserves the right to refuse to use any information or materials for the Landing Page, in whole or in part, that Excellence Laser Lipo LLC™ deems, in its sole discretion, to be Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, illegal, indecent, or otherwise objectionable. Including a link to your service or product that may be objectionable. (for Registered customers only)
Buyer is responsible for providing all the materials requested by Excellence Laser Lipo LLC™ Marketing Department. As the marketing expert, we reserve the right to advise the buyer on the look, content and design for their Landing Page. Should buyer choose one for your package. We are not responsible for lack of traffic or conversions based on a Landing Page that our Marketing Department had no hand in designing.
Excellence Laser Lipo LLC™ Created Pages
All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Excellence Laser Lipo LLC™ Technologies LLC.
Buyer is responsible for the following content:
Materials requested of Buyer may include the following: Professional or Personal Video, Copy for Drip Campaign (Automatic- Responders), Keywords for your product or service, Logos, Photos and Gravatars/Icons.
DELIVERY OF SERVICES
Landing Page Set up will be finished two weeks after all items are received.
Neither party shall be liable to the other for any delay or failure in performing its obligations under the Purchase Order to the extent that such delay or failure is caused by an event or circumstance that is beyond the reasonable control of that party, without such party's fault or negligence, and which by its nature could not have been foreseen by such party ("Force Majeure Event"). Force Majeure Events include, but are not limited to, acts of God or the public enemy, government restrictions, floods, fire, earthquakes, explosion, epidemic, war, invasion, terrorist acts, riots, strike, or embargoes. Buyer's economic hardship or changes in market conditions are not considered Force Majeure Events. Excellence Laser Lipo LLC™ shall use all diligent efforts to end the failure or delay of its performance, ensure that the effects of any Force Majeure Event are minimized and resume performance under the Purchase Order. If a Force Majeure Event prevents Excellence Laser Lipo LLC™ from performance for a continuous period of more than fifteen (25) business days, Buyer may terminate the Purchase Order immediately by giving written notice to Excellence Laser Lipo LLC™.
TRAFFIC SYSTEM –REAL TIME
No work will take place unless payment has been made.
Buyers are prohibited from posting, transmitting or disseminating any information or software that contains a virus, Trojan horse, spambot, worm or other harmful program or that generates levels of traffic sufficient to impede others' ability to send or retrieve information. Prohibited conduct of this type includes denial of service attacks or similarly disruptive transmissions, as well as transmissions containing other harmful or malicious features. We may suspend the Service without prior notice if we detect a harmful program such as a virus infection. Your service will be resumed once the harmful program is removed.
Cancellation and Termination
Buyer is solely responsible for properly canceling their account. This can be done by written email, text or USPS mail.
To verify that your account is canceled, Buyer will receive a written email response. There are no refunds for still active accounts closed after the current billing cycle.
Canceling ensures Buyer will not be re-billed in the future.
All of Content will be deleted from the Service upon cancellation. This information cannot be recovered once the account has been cancelled
Cancellation by Excellence Laser Lipo LLC
Discontinuation of Affiliation
Excellence Laser Lipo LLC™ in its sole discretion, has the right to suspend or terminate A Buyers account and refuse any and all current or future use of the Service, or any other Excellence Laser Lipo LLC™ System or Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or access to all Accounts, and the forfeiture and relinquishment of all Content in Account.
Excellence Laser Lipo LLC™ reserves the right under its complete and total discretion to change or terminate the affiliate status and/or connection of accounts because of an account holders purposeful actions to undermine the usefulness of Excellence Laser Lipo LLC™’s Technology. Prohibited actions by an account holder or affiliate includes but is not limited to steering affiliates or business to other websites/competitors or negatively speaking about the ownership of Excellence Laser Lipo LLC™, its affiliates, officers, directors, employees, consultants, agents, and representatives, or services offered by Excellence Laser Lipo LLC™ Technologies or breaching Non-Disclosure Agreement. Affiliate connection and status may be changed at any time.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Excellence Laser Lipo LLC™ Technologies customer, employee, Independent Contractor, affiliate, or officer will result in immediate account termination.
Technical support is only available via support tickets. To contact technical support, click on the “support” link on the website to send a support ticket.
Fees – Technical Support
Any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service.
Buyers understand that Excellence Laser Lipo LLC™ uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
Buyer must not modify, adapt or hack the Service or modify website so as to falsely imply that it is associated with the Service, or any other Excellence Laser Lipo LLC™ service.
Buyer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Excellence Laser Lipo LLC™.
Buyer understands that the technical processing and transmission of the Service, including their Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Excellence Laser Lipo LLC™ does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
Buyer expressly understands and agrees that Excellence Laser Lipo LLC™ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Excellence Laser Lipo LLC™ has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Excellence Laser to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Excellence Laser Lipo LLC™ and govern Buyers use of the Service, superseding any prior agreements between Buyer and Excellence Laser Lipo LLC™m (including, but not limited to, any prior versions of the Terms of Service).
This Agreement is governed by the laws of the state in which your billing address in our records is located, and applicable federal law.
20. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER.
YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT ITS JURY TRIAL WAIVER) WITHIN 30 DAYS OF RECEIPT OF THIS AGREEMENT, IF YOU FOLLOW THE PROCEDURES SET FORTH IN SECTION 20.7 BELOW. OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH Excellence Laser Lipo™ THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.
20.1 YOU AND Excellence Laser Lipo™ AGREE TO ARBITRATE – RATHER THAN LITIGATE IN COURT – any and all claims or disputes between us (including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of Excellence Laser Lipo™) that arise out of or in any way relate to: (1) this Agreement; (2) services that Excellence Laser Lipo™ provides to you in connection with this Agreement; (3) products that Excellence Laser Lipo™ makes available to you; (4) bills that Excellence Laser Lipo™ sends to you or amounts that Excellence Laser Lipo™ charges you for services or goods provided under this Agreement; and (5) any services or goods that Excellence Laser Lipo™ or any of its affiliated entities provide to you under any other agreement; provided, however, that in no event, shall this provision prevent you from filing or joining a complaint with the Federal Communications Commission or any state public service commission or public utility commission that has jurisdiction to hear such complaint, or any federal, state, or local government agency that is authorized by law to seek relief against Excellence Laser Lipo™ on your behalf. The arbitration between you and Excellence Laser Lipo™ will be binding and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof.
20.2 In arbitration, there is no judge and no jury, and review of arbitration decisions in the courts is very limited. Instead, our disputes will be resolved by an arbitrator, whose authority is governed by the terms of this Agreement. You and Excellence Laser Lipo™ agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to the terms of this Agreement. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with Excellence Laser Lipo™. Discovery may be limited in arbitration, and procedures are more streamlined than in court. Notwithstanding this arbitration agreement, you and Excellence Laser Lipo™ may bring appropriate claims against each other in small claims court, if the claims fall within the small claims court’s jurisdiction, or before the Federal Communications Commission, the relevant state public utilities commission, or any other federal, state, or local government agency authorized by law to hear your claims.
20.3 Class Action Waiver: You and Excellence Laser Lipo™ agree that all claims or disputes between you and Excellence Laser Lipo™ will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or Excellence Laser Lipo™ brings a claim in small claims court, the class action waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor Excellence Laser Lipo™ may participate in a class or representative action as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were directly asserted by you or Excellence Laser Lipo™. Notwithstanding the foregoing, this arbitration agreement shall not prohibit you or Excellence Laser Lipo™ from participating in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of you or us, excluding litigation brought by any relator or party in its capacity as a private attorney general. We both agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this Section 20 will not apply to any claim or dispute between you and Excellence Laser Lipo™, except for the provisions of Section 20.6 waiving the right to jury trial. This class action waiver may not be severed from our arbitration agreement.
20.4 Informal Dispute Resolution: You and Excellence Laser Lipo™ agree that you will try to resolve disputes informally before resorting to arbitration. If the dispute cannot be resolved by telephone, you agree to notify Excellence Laser Lipo™ of the dispute by sending a written description of your claim to Excellence Laser Lipo™ Customer Care, ATTN: Corporate Escalation Team, 1400 Lake Hearn Drive NE, Atlanta, GA, 30319 so that Excellence Laser Lipo™ can attempt to resolve it with you. If Excellence Laser Lipo™ does not satisfactorily resolve your claim within 30 calendar days of receiving notice of it, then you may pursue the claim in arbitration. Neither you nor Excellence Laser Lipo™ may initiate arbitration without first providing the other notice of the claim and following the informal dispute resolution procedure provided in this paragraph.
20.5 Arbitration Procedures: You and Excellence Laser Lipo™ agree that this Agreement affects interstate commerce and that the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA"). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA's rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to Excellence Laser Lipo™ Legal Department, Attn: Litigation Counsel, 1400 Lake Hearn Drive NE, Atlanta, GA, 30319. You must also comply with the AAA's rules regarding initiation of arbitration. Excellence Laser Lipo™ will pay all filing fees and costs for commencement of an arbitration, but you will be responsible for your own attorneys’ fees and costs unless otherwise determined by the arbitrator pursuant to the terms of this agreement or applicable law. Excellence Laser Lipo™ will not seek to recover its fees and costs from you in the arbitration unless your claim has been determined to be frivolous. If you are successful in the arbitration, Excellence Laser Lipo™ will pay your reasonable attorney’s fees and costs. If you obtain an award from the arbitrator greater than Excellence Laser Lipo™’s last written settlement offer, Excellence Laser Lipo™ will pay you $5,000 in addition to what you have been awarded in the arbitration. The arbitration will be held in a mutually convenient location. If you seek less than $10,000, then you may choose to hold the arbitration in person, via phone, or to have it decided based on written submissions.
20.6 Jury Trial Waiver: If for any reason this arbitration agreement is found to be unenforceable, including without limitation, that the class waiver is found unenforceable, or if you opt out of this dispute resolution agreement, you and Excellence Laser Lipo™ expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a Judge rather than a Jury will decide disputes between you and Excellence Laser Lipo™ if, for any reason, the arbitration agreement is not enforced.
20.7 Opt Out: You may opt out of this dispute resolution provision (except for the jury trial waiver contained in Section 20.6 above) by notifying Excellence Laser Lipo™ of that intent within 30 days of the date of this Subscriber Agreement for current customers. For new customers activating Service after the date of this Subscriber Agreement, you may opt out by notifying Excellence Laser Lipo™ of that intent within 30 days of the date you subscribe to the Service. You may opt out through either of the following options (please include your name, address, and Excellence Laser Lipo™ account number on the communication): (1) sending a letter stating your intent to reject this dispute resolution provision to Excellence Laser Lipo™ at Excellence Laser Lipo™ Legal Department, Attn:
or (2) sending an email with your intent to reject this dispute resolution provision to ArbitrationOptOut@Excellence Laser Lipo™.com. Exercising this right, should you choose to do so, will not affect any of the other terms of this Agreement or other contracts with Excellence Laser Lipo™ and you may remain an Excellence Laser Lipo™ customer. If you opt out of the dispute resolution provision, you will not be required to do so again if Excellence Laser Lipo™ modifies this section in the future or you agree to a new term of service.
20.8 Survival: This dispute resolution provision survives the termination of your contract with Excellence Laser Lipo™. If you bring a claim against Excellence Laser Lipo™ after termination of your contract that is based in whole or in part on events or omissions that occurred while you were an Excellence Laser Lipo™ customer, this dispute resolution provision shall apply.
This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes and replaces any and all prior written or oral agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of its provisions shall remain in full force and effect. Nothing contained in this Agreement shall be construed to limit Excellence Laser Lipo™'s rights and remedies available at law or in equity. Excellence Laser Lipo™'s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by you. This Agreement is freely assignable by Excellence Laser Lipo™ to third parties.
Buyer shall not assign, transfer, delegate or subcontract any of its rights or obligations under the Purchase Order without Excellence Laser Lipo LLC™’s prior written consent. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment shall relieve the Buyer of any of its financial obligations hereunder. No modification, alteration or amendment of the Purchase Order shall be binding unless agreed to in writing and signed by Buyer. No waiver by any party of any of the provisions of the Purchase Order shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the Purchase Order by Buyer shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or privilege hereunder preclude any other exercise of any additional right, remedy, or privilege.
Viruses, Trojan Horses, Worms and Denial of Service Attacks.
Software or other content downloaded from the Service may contain viruses and it is Buyers sole responsibility to take appropriate precautions to protect their computer from damage to its software, files and data.
For any questions about Terms of Service, please click on the “support” link on the Excellence Laser Lipo LLC™ Technologies LLC website to send a support ticket.
Our Commitment to Privacy
Your privacy is as important to us as it is to you. We know you hate SPAM and so do we. That's why we’ll never sell or share your information with anyone. We respect your rights and will do everything in our power to protect your information. In the interest of full disclosure we provide this notice explaining our online information collection practices. This privacy notice discloses the privacy practices for Excellence Laser Lipo LLC™ and applies solely to information collected by this web site.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship a Purchase Order.
This site uses Excellence Laser web analytics service. Excellence Laser may record mouse clicks, mouse movements, scrolling activity as well as text you type in our website. This site does not use Excellence Laser to collect any personally identifiable information entered in this website. Excellence Laser does not track your browsing habits across. We are using the information collected by Excellence Laser service to better understand clicks, views and conversion and on our landing pages and our deep pages.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Excellence Laser Lipo LLC™ has a strict no-spam policy.
Excellence Laser Lipo LLC™ will never sell or trade your email address to a third party.
Excellence Laser Lipo LLC™ does not send unsolicited commercial email messages. Excellence Laser Lipo LLC™ does send commercial email to those who have a pre-existing business relationship with us. A pre-existing business relationship means that the email recipient has made a purchase, requested information, responded to a survey or questionnaire, or had offline contact with Excellence Laser Lipo LLC™. Email recipients may contact us at any time to opt-out of future mailings.
Excellence Laser Lipo LLC™ does not engage in deceptive email practices such as misleading subject lines or falsifying email addresses.
Excellence Laser Lipo LLC™ does not encourage deceptive practices in email marketing to its clients.
Any Medical information or statements made in meetings, conversations or on Laser Professional's website site are not intended for use in or as a substitute for the diagnosis or treatment of any health or physical condition the laser user may have or as a substitute for a physician-patient relationship established by an in-person evaluation of a patient. I understand and agree, that I do not give any specific medical advice and that there are no guaranteed results for any specific laser treatment(s) that I may relay or have spoken of.
The information and advice published or made available through the Excellence Laser Lipo LLC™ website is not intended to replace the services of a physician or a health care professional acting under a physician’s supervision, nor does it constitute a doctor-patient relationship. The individual(s) treatment(s) and/or results may vary based upon the circumstances, the individual specific situation, as well the laser user(s) health care provider’s medical judgment and only after further discussion of his/her/their specific situation, goals, risks and benefits and other relevant medical discussion.
When in discussions about testimonials or statements made by any person(s) whom have had laser treatment or who's before and after photo's are on the Laser Professionals LLC™ web or that are shown, understand they are not intended to serve as a guarantee of the same outcome(s). Examples of treatment outcomes discussed or on the website are not intended to convey and warranty, either express or implied, as to outcomes, promises, or benefits from treatment. Whether they accept any treatment, laser user will be assessed by their individuality as to the risks and benefits of such procedures and only after they have consulted with thier health care professional.
This is an acknowledgment of these limitations and disclaimers.
The officer's, administrator's, Founder’s and/or Owner(s) of Laser Professionals LLC™ cannot be held financially responsible for Sub-Dealer's, End User's, Independent Contractor’s and Dealer's that have had presented the laser procedure, where the the laser user is at all disappointed or disagreeable with their individual results.
Before and after photos published by Laser Professionals LLC™ website are of actual patient results. These results are by no means an implied guarantee of individual outcomes. Individual outcomes vary according to the person and can be effected by many factors. Images and testimonials do not constitute a promise, guarantee, or representation of any particular outcome or experience. Use of the Laser Professional's LLC™'s laser constitutes acknowledgment and acceptance of the limitations and disclaimers described here.