Terms & Conditions

Terms and Conditions

1. ACCEPTANCE OF TERMS

Welcome to the website of MISSION Day Spa Franchise LLC ™️ (“we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of http://www.missiondayspa.com including any content, functionality, and services offered on or throughhttp://www.missiondayspa.com and any mobile, tablet or other application that interfaces with http://www.missiondayspa.com (together, the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you begin using the Website. By accessing, downloading, installing, or using our products and/or services, you agree to be bound by the Terms of Use, which you acknowledge that you have read and understood.

We reserve the right, at our sole discretion, to change, modify, or otherwise alter the Terms of Use at any time. You must review the Terms of Use on a regular basis to keep yourself informed of any changes. The contents of the Website may be discontinued or changed at any time in our sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use will constitute your acceptance of and agreement to such changes. Any dated information included on the Website is current at the date of publication only, and we do not have any obligation or responsibility to update or amend such information.

The Website is offered and available to users who are 13 years of age or older, and that reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. SUBSCRIPTIONS AND LICENSE

MISSION Day Spa Franchise LLC ™️ offers subscriptions to institutions and individuals to access and use its products and services, including the continuing education and use of it’s App, MISSION Day Spa App. By purchasing a subscription you agree to abide by all of the Terms and Conditions herein and any other terms provided at the time of purchase with respect to such subscription. If you are an institution purchasing a group subscription for your employees or other representatives, you are responsible for ensuring they also abide by all Terms and Conditions herein. An institution shall be deemed to have violated these Terms of Use if any one of its authorized users is determined to have violated these Terms of Use. Every user must register his or her own personal account to access the content and materials under your respective subscription, whether purchased individually or through an institution’s group subscription. The administrator for institution subscriptions is responsible for adding and removing authorized users from its subscription account and ensuring that the institution’s subscription covers all of its authorized users.

All individual user subscriptions last for the time period selected at the time of purchase, and shall automatically renew for additional terms of the same length (but not less than one year) unless terminated in your user account settings prior to the expiration of the current term. We reserve the right to terminate, disable access to, or refuse to renew your individual user subscription at any time upon your breach of these Terms of Use. Automatic renewal does not apply to enterprise or district-level license contracts.

3. ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Website and any service or material we provide on the Website in our sole discretion without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users, unless they purchase the applicable subscription.

Your user name and password are specific to you, and you agree to keep it confidential and not allow others to access the Website using your login credentials. You agree to notify us immediately of any unauthorized access to or use of your user name or password, and to change your password immediately. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view, save, or record your password or other personal information.

We have the right to disable any user account if, in our opinion, you have violated any provision of the Terms of Use.

4. PRICES AND PAYMENT TERMS

All prices, discounts, and promotions posted on the Website are subject to change without notice on a prospective basis. The price charged for a product, service, or subscription will be the price in effect at the time the initial or renewal order is placed, which will be set out in your order confirmation. Payment must be received net 30 from the time of invoice. . You represent and warrant that all payment information that you provide is accurate and that you have the right to make such payment. All payments for the products and/or services on the Website are to be made in United States Dollars (USD).

We provide access to our products and services through one-time access fees or subscriptions. As a user who subscribes to a subscription service, you understand that services are provided on a continuous basis. Therefore, once you enroll in a subscription service, your subscription will be automatically renewed and we have permission to automatically charge your account based on the subscription program you selected. Automatic renewal does not apply to enterprise or district-level license contracts.

5. REFUNDS AND EXCHANGES

MISSION Day Spa Franchise LLC ™️ refund policies vary depending on the product. Please contact us with any refund requests on an individual basis.

6. RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information. The accuracy, completeness, or usefulness of this information is not warranted. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The perspectives shared by individual writers, course authors, and other content creators at MISSION Day Spa Franchise LLC ™️ do not necessarily represent the beliefs or official policies of the institution itself.

7. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by AOEU, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Terms of Use permit you to use the Website and certain of its content for your personal, non-commercial use only, unless you purchase a subscription that expressly permits use of the content in your classroom during the term of such subscription. Material on the Website or available through your subscription may be used for classroom and personal use, and not for resale or redistribution. If you are sharing, or modifying and sharing, website material in a public forum, you must give credit by linking to info@missiondayspa.com

Upon the expiration of any subscription or purchase, and therefore your license to use MISSION Day Spa Franchise LLC ™️ materials, you must discard any content that you have obtained, shared, modified, or otherwise retained throughout the course of such subscription.

You must not:

* Modify copies of any materials from the Website or made available pursuant to your subscription, unless for use in your own classroom. You may not claim any resources as your own, sell modified resource versions, or present resources publicly as your own ideas.

* Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, unless for use in your own classroom, spa, business or otherwise.

* Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site or found in your subscription.

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by MISSION Day Spa Franchise LLC ™️ . Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Any infringement on the intellectual property rights of MISSION Day Spa Franchise LLC ™️ or its licensors may subject you to civil and criminal penalties.

If you post content or submit material on the Website (“User Contributions”), you grant MISSION Day Spa Franchise LLC ™️, its affiliates, licensors, and sublicensees a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MISSION Day Spa Franchise LLC ™️, its affiliates, licensors, and sublicensees the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms of Use and will not cause injury to any person or entity; and that you will indemnify MISSION Day Spa Franchise LLC ™️, its affiliates, and sublicensees for all claims resulting from content you supply. MISSION Day Spa Franchise LLC ™️ has the right, but not the obligation, to monitor and edit or remove any activity or content. MISSION Day Spa Franchise LLC ™️ takes no responsibility and assumes no liability for any content posted by you or any third party.

8. TRADEMARKS

The MISSION Day Spa (MISSION Day Spa Franchise LLC ™️ ) name, the MISSION Day Spa Franchise LLC ™️ logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MISSION Day Spa Franchise LLC ™️ or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. If the MISSION Day Spa Franchise LLC ™️ name, the MISSION Day Spa Franchise LLC ™️ logo or any related names, logos, product and service names, designs or slogans are used outside of the original sources themselves, you must cite the MISSION Day Spa Franchise LLC ™️ homepage or link back to the MISSION Day Spa Franchise LLC ™️ home page or to the original source.

9. LIMITATION ON LIABILITY

IN NO EVENT WILL AOEU, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. INDEMNIFICATION

To the extent permitted by law, Supplier and District will agree to mutual indemnification, which means that both parties, its affiliates, licensors, sublicensees, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

11. GOVERNING LAW AND JURISDICTION

All matters relating to the Website and the Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, the Website or the Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in Hays County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. PRIVACY POLICY

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

13. CUSTOMER SERVICE

This Website is operated by MISSION Day Spa Franchise LLC ©  13501 RM-12 Unit 103, Ste 103, BOX 25 Wimberley, TX 78676

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@missiondayspa.com

Thank you for visiting MISSION Day Spa Franchise LLC ™️

Gift Cards and Certificates

We do not accept Gift Cards and Certificates unless the physical card or certificate is presented. All certificates and cards expire, and the date is 60 days to three years from issuance depending on whether it was a promotional item. Please check accordingly.

End User Licensing Agreement

End-User License Agreement ("Agreement")

Last updated: April 24, 2024 // previously updated: July 20, 2021

Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using Esthetician Resource Guide App or MISSION Day Spa App.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.

Application means the software program provided by the Company downloaded by You through an Application Store's account to a Device, named Esthetician Resource Guide App or MISSION Day Spa App.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Jesseca M Smith Esthetics Education © and MISSION Day Spa Franchise LLC ™️ , 13501 RM-12 UNIT 103, Ste 103 #25, Wimberley, TX 78676

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Country refers to: Texas, United States

Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.

Family Sharing / Family Group permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others' eligible Applications to their associated Devices.

Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgment

By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.

Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

You may only use the Application on a Device that You own or control and as permitted by the Application Store's terms and conditions.

The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.

The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extend the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.

Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You haven't purchased anything through the Application.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims

The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.

If you have any questions about this Agreement, You can contact Us:

By email: [jmsemanagement@gmail.com]

Booking Courses and Online Classes

The Company does not make any warranties concerning the Class(s). Each class must be taken in a timely manner to ensure CE credits are submitted to the State of Texas as each course is a timed course by law. To the extent You have any claim arising from or relating to your use of the Course, the Company, not the Course Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Course fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.

United States Legal Compliance

Changes to this Agreement

By continuing to access or use the Course after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Course.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Course. Your use of the Course may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Course and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.

If you have any questions about this Agreement, You can contact Us:

By email: [jessecasmithesthetics@gmail.com]