Terms

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on March 27, 2012.

This Terms of Use Agreement sets forth the standards of use of Ashley Diana Black International Holdings, LLC and it’s websites you (the “Visitor”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at AshleyBlackSystems.com® website. Your continued use of the (“Service”) after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

You agree that The Fasciology™ Institute does not need to notify you of any changes to this Agreement. You can review the most current version of the Agreement online at any time.

Description of Service

The Fasciology™ Institute is providing Visitor with information about its products and services along with the ability to purchase gift cards, find clinic locations, view clinic information, view school information, request franchise information, complete customer satisfaction surveys, and apply for job openings. Visitor must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Visitor’s access to the Internet, and (3) pay any fees relate with such connection.

Disclaimer of Warranties

The site is provided by The Fasciology™ Institute on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, The Fasciology™ Institute 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. The Fasciology™ Institute shall have no liability for any interruptions in the use of this website. The Fasciology™ Institute 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.

Return Policy

All sales are final. To maintain the integrity of our proprietary digital content and tangible products, The Fasciology™ Institute maintains there will be absolutely NO REFUNDS.

Before deciding to purchase our products, please be sure to evaluate the sample content that we provide. Because our digital media and other tangible products have no seals or specific packaging (such as shrink wrap) we do not offer refunds on any product or digital media that have been delivered to customers via download or shipped.

If a customer purchases one of our products, we do not offer a cash refund or an exchange. Being that our physical goods and electronically distributed digital media are proprietary and can be easily duplicated – it is our policy that once we have distributed products or content to a customer, the sale is final, and you may not return for a refund or credit.

Privacy Policy

The Fasciology™ Institute will not sell, exchange, or release your personal information to a third party without your express permission, unless required by law or court or governmental order. However, The Fasciology™ Institute may share or publicly disclose compiled, aggregated data containing no personally identifiable information. Registration Data and certain other information about you are subject to our Privacy Policy. For more information, please see our Privacy Policy. The Fasciology™ Institute may use your information for the purpose of maintaining and improving the operation of the Service, as well as providing you with offers targeted toward your usage of the Service. You can cancel your registration on the Service at any time. This provision and the policies outlined herein do not imply contractual or other legal rights of any other party.

Member Account, Password and Security

During the registration process, you will create a password. You will access your account by providing your email address and your password. You hereby confirm that you are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password or account.

You agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to The Fasciology™ Institute, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account; (e) notify us immediately of any unauthorized use of your password or account, or if you believe your password has been lost or stolen or any other breach of security; and (f) accept responsibility for all usage of the Service and any fees associated with use of other services accessed through the Service on your account whether or not authorized by you.

The Fasciology™ Institute cannot and will not be liable for any loss or damage arising from your failure to comply with this Section “Member Account, Password and Security.”

Limitation of Liability

The Fasciology™ Institute SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR The FasciologyTMInstitute 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 The Fasciology™ Institute 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.

Indemnification

Visitor agrees to indemnify and hold The Fasciology™ Institute, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Visitor’s use of the Service, the violation of this Agreement, or infringement by Visitor, or other user of the Service using Visitor’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

The Fasciology™ Institute reserves the right to modify or discontinue the Service with or without notice to the Visitor. The Fasciology™ Institute shall not be liable to Visitor or any third party should The Fasciology™ Institute exercise its right to modify or discontinue the Service. Visitor acknowledges and accepts that The Fasciology™ Institute does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Visitors to review said privacy policies of third-parties’ sites.

Disclaimer Regarding Accuracy of Clinic & School Information

Hours of operation, services provided and other information have either been provided by the Clinics, and Schools or collected from publicly available sources. While The Fasciology™ Institute makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Governing Jurisdiction of the Texas Courts

Our Website is operated and provided in the State of Texas. As such, we are subject to the laws of the State of Texas, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Texas.

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.

No Unlawful or Prohibited Use

As a condition of your use of the Service, you represent and warrant to The Fasciology™ Institute that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.

In addition, you agree not to use the Service or the Site to:

  1. Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  2. Use automated scripts to collect information from or otherwise interact with the Service or the Site;
  3. Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  4. Register for more than one user account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
  5. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  6. Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  7. Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  8. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  9. Upload, post, transmit, share 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;
  10. Intimidate or harass another;
  11. Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  12. Use or attempt to use anothers account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
  13. Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of The FasciologyTMInstitute, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our The Fasciology™ Institute Code of Conduct that provides further information regarding the authorized conduct of users on The Fasciology™ Institute.

Intellectual Property

All content on this Service, including, without limitation, any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, lay out, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, and all intellectual property of any kind whatsoever, is owned exclusively by The Fasciology™ Institute and is protected by U.S. and international copyright and intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no content on this Service may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of The Fasciology™ Institute.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof are © Copyright 1999-2012, The Fasciology™ Institute. ALL RIGHTS RESERVED; or is the property of The FasciologyTMInstitute and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of The Fasciology™ Institute is strictly prohibited. Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of The Fasciology™ Institute.

The FasciologyTM, The Fasciology™ Institute, The Fasciology.com™ and The Fascianista™ are proprietary marks of The Fasciology™ Institute. The Fasciology™ Institute’s trademarks may not be used in connection with any product or service that is not provided by The Fasciology™ Institute, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Fasciology™ Institute.

All other trademarks displayed on The Fasciology™ Institute’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with The FasciologyTMInstitute.

Mobile Services

The Service may includes certain services that are available via your mobile phone, including (i) the ability to upload content to The Fasciology™ Institute 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 The Fasciology™ Institute 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.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, The FasciologyTMInstitute designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
The Fasciology™ Institute 5205 Broadway St #139 Pearland, TX 77581

By Email:
support@fasciablaster.com

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by The FasciologyTMInstitute, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Visitor. Visitor agrees that by accepting this Terms of Use Agreement, Visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement above.

The Fasciology™ Institute may notify user in writing or electronically either of which shall be deemed fully and completely adequate and effective to notify user of the contents therein at the time sent to the last address or email address supplied by user in writing or electronically to The Fasciology™ Institute.