Terms of use

These Terms and Conditions (the “Terms”) of Aesthetic Angel, Inc., a California corporation (“Aesthetic Angel”), are a legally binding agreement between you and Aesthetic Angel and its affiliates relating to the usage of Aesthetic Angel's website and related services (collectively, the “Services”), including, but not limited to, the purchase of a membership subscription to utilize the Services (a “Membership”). These Terms do not apply to any content or services provided by third parties, whether such third-party services (or links thereto) appear on Aesthetic Angel’s website or are otherwise incorporated into the Services or not. These Terms affect your rights, so please read and review them. Subject to our Terms, Aesthetic Angel will use commercially reasonable efforts to provide to you the Services and commercially reasonable technical support within Aesthetic Angel’s website and/or mobile applications available on various platforms in accordance with Aesthetic Angel’s standard practices.

1. Acceptance of Terms and Conditions; License

By using the Services, you are expressing your acceptance of and willingness to be legally bound by these Terms, as amended from time to time. Your ability to access and use our Services is also subject to our Privacy Policy and Fees and Cancellations Policy, the terms of which can be found directly on the Aesthetic Angel webpage. By using the Services, you consent to the terms and conditions of all Aesthetic Angel policies.

Your use of a particular Aesthetic Angel webpage included within the Aesthetic Angel website may also be subject to additional terms outlined elsewhere on such webpage. You may not use the Services without accepting these Terms.

Individuals must be 18 years of age or older to use the Services, or, if under 18, be at least 13 years old and have the consent and active involvement of a parent or legal guardian. If you are agreeing to these Terms on behalf of a legal entity, you represent to Aesthetic Angel that you have the authority to bind such entity and its affiliates to these Terms. In such case, the term “you” or “your” as used herein will also refer to such entity and its affiliates. Subject to your compliance with these Terms, Aesthetic Angel grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the term of your Membership.

2. Modifications of Terms and Conditions

Aesthetic Angel may, from time to time and in its sole and absolute discretion, amend or modify these Terms with or without notice to you; provided that Aesthetic Angel will use commercially reasonable efforts to give you at least 7 days' notice prior to the change. Notifications regarding the policy modifications or amendments will be posted directly on Aesthetic Angel’s website. Additionally, an email notification will be sent to the email address provided to Aesthetic Angel by our users. The most current version of these Terms will supersede all previous versions, and your use or continued use of the Services will constitute your acceptance of and willingness to be bound by such version of these Terms. The most current version of these Terms may be viewed at any time by clicking on the “Terms of Use” link at the bottom of Aesthetic Angel’s website.

3. Your Information and Content

As part of the Membership registration process, website browsing, and order placement process on the Aesthetic Angel website, you will be required to provide certain personal identifying and financial information in connection with your Aesthetic Angel account. You may also add additional personal information to your account profile at your discretion. Such information is not required but may improve the experience of our Services. All information you provide to Aesthetic Angel, directly or indirectly, is subject to Aesthetic Angel’s Privacy Policy, which you agree to by your use of the Services please review it carefully to understand Aesthetic Angel’s privacy practices.

Subject to Aesthetic Angel's Privacy Policy, Aesthetic Angel is free to use any comments, information, ideas, concepts, reviews, and/or techniques provided by you to Aesthetic Angel or its affiliates. The examples include, but are not limited to chat, email, phone, and/or questionnaires sent to users by Aesthetic Angel, and posts or comments made on Aesthetic Angel’s website, directly or indirectly (collectively, “User Content”), without any form of compensation, acknowledgment or payment to you.

Notwithstanding anything to the contrary, Aesthetic Angel shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies. This includes but is not limited to, information concerning your User Content and data derived therefrom), and Aesthetic Angel will be free (during and after the term hereof) to (a) use such information and data to improve and/or enhance the Services and/or for other development, diagnostic and corrective purposes in connection with the Services and other Aesthetic Angel offerings, and (b) disclose such data solely in aggregate or another de-identified form in connection with its business. In furtherance of the foregoing, if you provide any suggestions, enhancement requests, recommendations, comments, or other feedback relating to the Services to Aesthetic Angel, you agree that Aesthetic Angel and its affiliates may freely use, reproduce, license, distribute, and otherwise commercialize your suggestions and feedback in connection with the Services and/or for any other lawful purpose, on a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual basis. Aesthetic Angel will not be obligated to implement any suggestions, or feedback, or correct any defects, bugs, or errors in the service identified in the feedback or otherwise.

In addition to the foregoing, you hereby also grant to Aesthetic Angel a nonexclusive, worldwide, transferable, sublicensable (to its subcontractors and service providers), irrevocable, royalty-free, fully paid-up license to access, use, display, reproduce, modify, and process your User Content in accordance with these Terms and Aesthetic Angel’s Privacy Policy, as each is amended from time to time.

4. Restrictions and Responsibilities

You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services; use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party, or remove any proprietary notices or labels.

Furthermore, you may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by these Terms and will be prohibited except to the extent expressly permitted by these Terms.

You represent covenant and warrant that you will use the Services only in compliance with Aesthetic Angel’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Although Aesthetic Angel has no obligation to monitor your use of the Services, Aesthetic Angel may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, your account, passwords, and files, and for all uses of your account or the Equipment with or without your knowledge or consent.

You are not permitted to (a) transfer or otherwise make the Services available to any third party; (b) provide any service based on the Services without our prior written permission; (c) post links to third-party sites or use their logo, company name, etc. without their prior written permission; or (d) use the Services for spamming, scamming and/or other illegal purposes.

You agree that you will not upload to the Services or create any content that depicts violence, nudity, or partial nudity or is unlawful, sexually suggestive, pornographic, offensive, discriminatory, threatening, libelous, defamatory, obscene, or otherwise violates any third party’s rights, including intellectual property and/or privacy rights, or that otherwise violates these Terms.

5. Account Access; Identity Protection

Subject to Aesthetic Angel's Privacy Policy, in order to provide you with ease of access to your account, Aesthetic Angel will place a cookie (a small text file) on any computer or device from which you access the Aesthetic Angel website. When you revisit the Aesthetic Angel website, this cookie will enable us to recognize you as a previous user or as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.

You are responsible for updating and maintaining the validity and accuracy of the information you provide to us through your account settings. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices. You may not share your account with other people by providing them with your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities that may arise therefrom. Users of public or shared computers log out of the Aesthetic Angel website at the end of each session.

If you discover that you are a victim of identity theft that is involved with an account on Aesthetic Angel, we urge you to notify customer support as soon as possible. You should also report identity theft to any and all of your credit card issuers, banks, as well as your local law enforcement agency.

Aesthetic Angel reserves the right to suspend and terminate your account at any time with or without notice if Aesthetic Angel believes that such an account is involved in fraudulent activity. You will not be entitled to any refund and/or other consideration in connection with the suspension of your account by Aesthetic Angel for any reason.

6. Product Sales and Other Services

This section applies to you in your capacity as a purchaser of products from Suppliers (as defined below) using the Services, even if you are additionally a Supplier. Suppliers are subject to additional terms and conditions which are made available to them in connection with qualifying to offer products through the Services.

• Product and Venue Disclaimers

The Services include a venue or marketplace to connect you and other retailers with suppliers of wholesale and bulk products (each, a “Supplier”). Although each Supplier is an authorized distributor of the products it sells and is authorized to use the Services to market and sell such products, Aesthetic Angel does not represent and explicitly disclaims, that any and all products are suitable for resale by you or anyone else in any given circumstance or jurisdiction.

You are solely responsible to ascertain a particular product’s (a) suitability for resale under your particular circumstances, no matter the resale venue you use (e.g., “brick & mortar” stores, an online store, online auctions, etc.), (b) lawfulness in the jurisdiction in which you desire to resell such product, (c) manufacturer terms and conditions (including but not limited to, applicable warranties and/or limitations on liability), and (d) applicable manufacturer policies or Minimum Advertised Price (MAP) restrictions.

In addition, Aesthetic Angel may in its discretion, at any time and for any or no reason, impose corresponding penalties on any and all violations, and/or remove any product from the Services without notice to you or the applicable Supplier(s).

• Contacting Suppliers

Aesthetic Angel will provide you with certain identifying information about Suppliers, including a Supplier’s trade name and brand(s). Methods of contacting a supplier will be made available from within the Services. Notwithstanding the foregoing, Aesthetic Angel’s agreement with a Supplier may restrict Aesthetic Angel from allowing you to contact such a Supplier directly. In such cases, Aesthetic Angel will take reasonable steps to contact the Supplier with the requested information on your behalf.

Regardless of whether you are permitted to contact a Supplier, and in Aesthetic Angel’s sole discretion, your account may be suspended or terminated if you or anyone on your behalf contacts or attempts to contact a Supplier outside of the tools provided from within the Services, if any, and/or attempts to establish a direct relationship with a Suppliers outside of the Services.

• Product Pricing

Aesthetic Angel reserves the right to modify and adjust product prices at any time and from time to time without notice or liability, including but not limited to, correcting product pricing and/or typographical errors. You acknowledge that products pricing on Aesthetic Angel fluctuate as a result of the Supplier changing the products sale price and that Aesthetic Angel has no control over any Supplier’s pricing, shipping and handling charge policies, and other charges and fees, which may result in continual and unpredictable product pricing changes at any time.

• Product Descriptions and Specifications

You acknowledge that all product specifications and descriptions are provided solely by Suppliers and that Aesthetic Angel is not responsible for the accuracy of any or all information provided by Suppliers. Aesthetic Angel makes no warranty, expressed or implied, with respect to the accuracy of such information. In addition, due to size, volume of requests, and resource constraints “Data Exports” may not be current at all times and may be delayed and/or contain data that is older than what is displayed on Aesthetic Angel’s website.

Supplier products and manufacturer names are listed for identification purposes only and in no way represent an endorsement of the applicable Supplier by such manufacturer. It is your responsibility to ensure that a product’s information is correct, authentic, and aligns with the manufacturer’s official description and specifications. You further agree to report to Aesthetic Angel’s customer support team as soon as possible any incorrect and/or fraudulent product listings and identify the allegedly incorrect or fraudulent elements of such listings.

• Product Orders; Changes and Returns

When purchasing any product from a Supplier using the Services, you agree that you are responsible for reading the entire product listing and, by completing the product order process, entering into a binding contract to purchase such product from such Supplier. Aesthetic Angel is not responsible for losses or damages you may incur as a result of erroneous or misplaced product orders or typographical errors associated with any purchase or shipping information you enter within Aesthetic Angel. It is your sole responsibility to review and verify the accuracy of each order, including but not limited to, the item being purchased, item pricing, item shipping and/or handling costs, and any other applicable terms prior to submitting an order. The foregoing applies universally regardless of the method of order placement (e.g., single orders, batch orders, APIs).

Each Supplier determines its own return, replacement, and refund policies applicable to the products you purchase from such Supplier and may modify those policies at any time. You are responsible for reviewing and becoming familiar with each policy provided by the Supplier(s) prior to placing an order and agree to abide by such policies with respect to the applicable orders. Failure to comply with any such policy may result in a rejected and/or reduced return, replacement, or refund. You can view Aesthetic Angel Supplier’s policies at any time by clicking the “Supplier Info” link on the “Products” section of the Aesthetic Angel website.

All payment for orders will be made via your added payment method or by wire transfer; provided that Aesthetic Angel may limit or suspend wire transfers for orders over 2,000.00 US dollars or that Aesthetic Angel deems, in its sole and absolute discretion, to have high fraud risk.

Generally, once an order is placed, it cannot be modified or canceled. However, under certain circumstances and in the discretion of Aesthetic Angel and, if applicable, the Supplier may modify or cancel certain orders; provided that you contact customer support as soon as possible with a change or cancellation request. You can contact customer support by phone, email or chat. Aesthetic Angel is not responsible for any losses and/or damages you may incur as a result of any approved or denied order modification or change request.

• Shipping and Handling

Notwithstanding anything to the contrary, all product orders are eligible for shipment only within the continental United States, Alaska, and Hawaii. All orders must be placed with a residential or business shipping address (i.e., orders with P.O. Box, APO, or FPO shipping addresses will not be processed). Individual Suppliers may have additional shipping restrictions.

You are responsible to pay the shipping and/or handling fees for all products purchased through the Services, even if you refuse or return a shipment. Odd-sized or excessively heavy items may require custom shipping cost calculations, in which event you will be required to approve such custom shipping arrangements prior to any such order shipping. Aesthetic Angel is not responsible whatsoever for defective products, shipping errors, and/or damage to products in transit.

Regardless of whether product specifications on Aesthetic Angel’s website provide published shipping weight, such weights are for informational purposes only and are not to be used for estimating or calculating shipping costs or your financial obligation with respect thereto. Please refer to the “Ship Cost” amount located on the product page, and your “Shipping Cart” to determine the actual shipping costs.

• Product Warranty

Aesthetic Angel is not responsible for any warranties for products purchased through the Services; please refer to the warranty terms and conditions provided by the applicable product manufacturers and their respective agents. All product issues, claims, and questions concerning warranties should be submitted directly to the applicable manufacturer and/or, subject to these Terms, the Supplier through the use of the tools provided in the Services. AS BETWEEN AESTHETIC ANGEL AND YOU, THE PRODUCTS ARE PROVIDED “AS IS” AND AESTHETIC ANGEL DISCLAIMS ALL WARRANTIES WITH RESPECT THERETO, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

To the extent, a product is a health-related device and/or nutritional supplement, all listing information contained on the product webpage, including but not limited to, information relating to medical and health conditions, products, and treatments, is provided by the manufacturer and/or Supplier for informational purposes only and is not meant to be (a) a substitute for the advice of a qualified physician or other medical professional OR (b) be used for prescribing medication and/or diagnosing a health problem. Statements regarding dietary supplements have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, and/or prevent any disease or ailment.

Aesthetic Angel shall cooperate in the defense of any claim for which indemnity is sought under this Section. Although Supplier shall have control of the defense of any action brought above, Supplier agrees to comply with the following requirements in connection with the conduct of the defense of any claim in which Aesthetic Angel has been named a party: (a) Supplier shall choose defense counsel that is reasonably satisfactory to Aesthetic Angel, and (b) Supplier shall use reasonable efforts to keep Aesthetic Angel informed of any and all material information pertaining to a claim. Notwithstanding the above, the Supplier shall not enter and or agree to any settlement or compromise of a claim that would result in injunctive relief, financial liability, or the admission of liability by Aesthetic Angel without first obtaining Aesthetic Angel's prior written consent. If Aesthetic Angel determines that a separate counsel is more beneficial, Aesthetic Angel will be entitled to retain a separate counsel at Supplier's expense.

7. Intellectual Property

Aesthetic Angel shall own and retain all rights, title, and interest in and to (a) the Services (including the Software), all improvements, enhancements, or modifications thereto, (b) any software, applications, inventions, or other technology developed as a result of or in connection with any support services, and (c) all intellectual property rights related to any of the foregoing. No title to or ownership of the Services, including, without limitation, any logos, designs, texts, graphics, pictures, data or content, software, platform, technologies, or any proprietary rights related to the Services, is transferred under or by virtue of these Terms. Aesthetic Angel reserves all rights in and to the service not expressly granted to you under these Terms. Further, these Terms do not authorize you to use any name, trademark, or logo of Aesthetic Angel. Aesthetic Angel reserves the right to terminate your Membership without any notice or liability to you if, in its sole and absolute discretion, Aesthetic Angel believes that you are in violation of this clause.

Without limiting the foregoing, reproductions, and/or alterations of product images, and/or descriptions may be used for marketing and reselling purposes only. You must receive written consent from Aesthetic Angel for any other use or any modification of product images, and/or any other copyrighted materials.

Any images of persons or personalities contained on the Aesthetic Angel website shall not be an indication of endorsement of any product within Aesthetic Angel or the Services unless explicitly stated otherwise.

You may not repackage, reproduce, or otherwise sell Aesthetic Angel Memberships, the Software, or any and all technology or data related thereto. Additionally, bulk downloading or “screen scraping” of data from Aesthetic Angel is prohibited without prior written permission from Aesthetic Angel. All violations of the foregoing will result in immediate termination of your Aesthetic Angel account without notice and, depending on the severity of such violation, Aesthetic Angel reserves the right to press any applicable criminal charges and/or seek civil compensation for damages, expenses, and/or lost revenue.

8. Term and Termination

These Terms will remain in full force and effect while you use or are registered to use the Services (whether you maintain an active membership plan or not) and until terminated by either you or Aesthetic Angel. Termination includes permanent deletion of your registered account and ceasing to access the Aesthetic Angel website. You and Aesthetic Angel may terminate your account or direct access and these Terms at any time and for any reason or no reason at all, provided that you remain liable for all fees that accumulate in connection with your Membership and the Services.

All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accumulated rights to payment, confidentiality obligations, warranty disclaimers, and/or limitations of liability.

Aesthetic Angel reserves the right to terminate your account or this agreement at any time. Aesthetic Angel may provide a 30-day termination notice to the email address you registered with Aesthetic Angel if applicable. Aesthetic Angel reserves the right to suspend or terminate your account or this agreement immediately if we determine that (a) you or your affiliate have materially breached the agreement and have failed to cure to Aesthetic Angel within 7 business days of a cure notice, unless your breach exposes us to liability toward a third-party, in which case we are entitled to reduce and/or waive, the aforementioned cure period at our reasonable discretion; (b) your account is, has been, or our controls identify that it may have been used for deceptive and/or fraudulent and/or illegal activity; (c) your use of the Services is harming, has harmed, or our controls identify that it may have or will harm other resellers, customers, or Aesthetic Angel’s interests.

9. Warranty and Disclaimer

Aesthetic Angel shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner that minimizes errors and interruptions in the Services. The Services may be temporarily unavailable for scheduled maintenance or unscheduled emergency maintenance, either by Aesthetic Angel, third-party providers, or because of any and all other causes beyond Aesthetic Angel’s reasonable control. Aesthetic Angel shall use commercially reasonable efforts to provide notice in advance to the user in writing or electronically sent to the email registered by the user with Aesthetic Angel of any scheduled service disruption. HOWEVER, AESTHETIC ANGEL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION THEREOF ARE PROVIDED “AS IS” AND AESTHETIC ANGEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10. Indemnity

You agree to indemnify and hold Aesthetic Angel, its directors, managers, officers, employees, equity holders, or any and all other representatives, harmless from any and all third-party claims arising out of your use of the Services and/or any other party accessing the Services through your account and/or your affiliate account. Including but not limited to, any liability and/or expenses arising from any and all claims, direct and/or indirect damages, lost profits, suits, judgments, litigation costs, or any and all attorneys’ fees.

11. DISCLAIMERS

DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AESTHETIC ANGEL SOFTWARE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND AND/OR NATURE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF APPLICABLE) IMPLIED WARRANTIES, DUTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY AND/OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND/OR OF LACK OF NEGLIGENCE, ANY AND ALL REGARD TO AESTHETIC ANGEL SOFTWARE AND SERVICE.

AESTHETIC ANGEL SOFTWARE DOES NOT CONTAIN ANY MALICIOUS CODE DESIGNED TO DESTROY YOUR DEVICE DATA OR TO OBTAIN ANY AND ALL PRIVATE INFORMATION. AESTHETIC ANGEL WILL ALSO DO ITS UTMOST TO ENSURE THE SAFE, PROMPT, EFFECTIVE, ACCURATE, RELIABLE AND CONTINUOUS OPERATION OF AESTHETIC ANGEL SOFTWARE AND SERVICE, BUT WITH THE LIMITATION OF THE EXISTING TECHNOLOGY, AESTHETIC ANGEL SOFTWARE AND RELATED SERVICE MAY BE AFFECTED BY VARIOUS UNSTABLE FACTORS, AESTHETIC ANGEL MAKES NO WARRANTIES OR REPRESENTATIONS THAT AESTHETIC ANGEL SOFTWARE IS COMPATIBLE WITH ANY AND ALL SOFTWARE/HARDWARE SYSTEMS, AND/OR IS ERROR-FREE, CAN OPERATE WITHOUT ANY INTERRUPTION AND/OR THAT ANY ERRORS IN AESTHETIC ANGEL SOFTWARE OR RELATED SERVICE CAN BE CORRECTED. IN CASE OF CIRCUMSTANCES SUCH AS INCOMPATIBILITY OR SOFTWARE MALFUNCTION, PLEASE CONTACT OUR CUSTOMER SUPPORT TEAM. IF THE COMPATIBILITY PROBLEM CANNOT BE SOLVED, YOU CAN DELETE THE AESTHETIC ANGEL SOFTWARE. WITHIN THE MAXIMUM SCOPE PERMITTED BY APPLICABLE LAWS, AESTHETIC ANGEL IS EXEMPT FROM ANY AND ALL OF YOUR LOSSES CAUSED HEREIN.

12. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, AESTHETIC ANGEL AND ITS DIRECTORS, MANAGERS, OFFICERS, EQUITY HOLDERS AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE AND/OR LIABLE WITH RESPECT TO ANY AND ALL SUBJECT MATTERS OF THESE TERMS OR OTHER TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY AND/OR OTHER THEORY INCLUDING BUT NOT LIMITED TO: (A) ERROR OR INTERRUPTION OF USE, LOSS AND/OR INACCURACY AND/OR CORRUPTION OF DATA AND/OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES AND/OR TECHNOLOGY, OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES; (C) ANY MATTER BEYOND AESTHETIC ANGEL’S REASONABLE CONTROL; OR (D) FOR ANY AND ALL AMOUNTS THAT TOGETHER WITH APPLICBLE AMOUNTS ASSOCIATED WITH ANY AND ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO AESTHETIC ANGEL FOR THE SERVICES UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE OCCURRENCE THAT ALLEGEDLY GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT AESTHETIC ANGEL HAS BEEN ADVISED OF THE POSSIBILITY OF ANY AND ALL APPLICABLE DAMAGES.

Communications to users from Aesthetic Angel may be by electronic means. You hereby consent to receive communications from Aesthetic Angel in electronic form and agree that any and all terms and conditions, agreements, notices, disclosures, and/or other communications that Aesthetic Angel provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing, excluding any non-waivable rights.

The Services may include certain communication to the user from Aesthetic Angel, such as service announcements, administrative messages, and/or newsletters. You may be prompted to opt into some and/or all communication types upon registering for a Membership. After you have opted into Aesthetic Angel’s communication types, you may opt out of receiving any/and all communications at any time. However, Aesthetic Angel’s service announcements and/or administrative messages are not eligible to be opted out of and are required to be sent to any active registered account with Aesthetic Angel. If you wish to discontinue these announcements and/or messages, your Aesthetic Angel account is required to be permanently deleted by either you or Aesthetic Angel.

If you have any questions about our website, the Services, and/or these Terms, you may contact our customer support team by phone, chat or email, or you may mail a letter to our Aesthetic Angel headquarters: 3300 N Triumph Blvd #G40 Lehi, UT 84043, USA, Attn: Customer Support.

13. Miscellaneous Provisions

• Your Relationship with Aesthetic Angel

You, as a reseller of products purchased through the Services, are an independent contractor of Aesthetic Angel and are not considered an employee of Aesthetic Angel for any reason whatsoever. You are prohibited from making any unauthorized representations, warranties, or claims on behalf of Aesthetic Angel, a Supplier, a product manufacturer, or that are otherwise illegal in your applicable jurisdiction. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any or all authority of any and all kind to bind Aesthetic Angel in any respect for any reason whatsoever.

Additionally, you understand and agree that you are absolutely your own independent person and/or an entirely separate entity from Aesthetic Angel. You are responsible to pay all accumulated taxes to state, federal, and/or local authorities in accordance with any and all applicable laws to yourself and/or your online business. This tax responsibility includes but is not limited to: collecting, and remitting all appropriate sales taxes to state and local authorities.

• Resale and Tax Compliance

As a reseller of products purchased through the Services, you agree and confirm that you have successfully obtained any and all appropriate Supplier's permit(s) and that all purchases made within your account are for the purpose of resale for profit either online (including any stand-alone websites, third-party online trading platforms, etc) or offline, and are not to use whatsoever, for any reason in your own business operation.

Scope of products which you may resell: Subject to your purchase orders placed on this website.

You will resell the item(s) that you are listing to third-party marketplaces and/or stand-alone websites and purchasing on Aesthetic Angel.com in the form of tangible personal property in the regular course of your business operations, and you will do so prior to making any and all use of the item(s) other than demonstration and display while warehousing the item(s) for sale in the regular course of your business. You understand that if for any reason, whatsoever you use the item(s) purchased on Aesthetic Angel.com in any manner other than for resale you may be subject to owe use tax to a tax jurisdiction based on each item's purchase price and/or as otherwise provided by law.

If you violate the above agreement to evade the tax liability, any related liability incurred will be solely your legal responsibility to pay. You will be fully liable to pay for any and all losses caused to the Aesthetic Angel, provider, and/or Supplier.

• Confidentiality

You understand that all information provided by Aesthetic Angel must be used only in accordance with its specified purpose. Furthermore, you agree to not provide any confidential or proprietary information received from Aesthetic Angel to any business entity that may compete with Aesthetic Angel for any reason whatsoever. Any and all violations of confidentiality will result in the immediate termination of your Membership permanently, and you will be liable for any and all damages arising therefrom. Aesthetic Angel reserves the right to enforce this confidentiality provision by injunction, specific performance, and/or other equitable relief, without bond, without prejudice to any other and all rights and/or remedies that Aesthetic Angel may have for a breach hereof.

• Service Testing

From time to time, Aesthetic Angel tests various aspects of the Services and new features and reserves the right to include you in these tests without notice.

• Governing Law; Venue

If you are a user based in the US: These Terms and/or any dispute and/or claim arising out of and/or related to these Terms, its subject matter or its formation (in each case, including non-contractual disputes and/or claims) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision and/or rule. Any and all legal suits, actions, and/or proceedings that arise out of and/or related to these Terms or the Services shall be instituted exclusively in the federal or state courts located in Los Angeles City, California, and you further agree that such courts shall have personal jurisdiction and venue with respect to you. You hereby submit to the jurisdiction and venue of such courts and waive any and all objections. YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY CLAIM ARISING OUT OF OR RELATING TO THE SUBJECT MATTER HEREOF. ADDITIONALLY, BOTH YOU AND AESTHETIC ANGEL AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

If you are a user based in China: Any or all disputes arising from the performance of this agreement will be resolved by the parties through friendly negotiation. If such negotiation fails, the disputes will be submitted to China International Economic and Trade Arbitration Commission, Jiangsu Arbitration Center for arbitration, and shall be governed by the laws of the People’s Republic of China. BOTH YOU AND AESTHETIC ANGEL AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

• General Provisions

Headings. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

Severability. If any provision of these Terms is found to be unenforceable and/or invalid, that provision will be limited and/or eliminated to the minimum extent necessary so that these Terms will otherwise remain in enforceable full force and effect.

Entire Agreement. These Terms are the complete and/all exclusive statement of the mutual understanding of the parties and supersede and/or cancel all previous written and/or oral agreements, communications, and/or other understandings relating to the subject matter of these Terms.

Assignment. These Terms are not assignable, transferable, or sublicensable by you except with Aesthetic Angel’s prior written consent. Aesthetic Angel may transfer and assign any of its rights and obligations under these Terms without consent.

No Waiver. Our failure to insist upon or to enforce any/and all provisions of these Terms shall not be construed as a waiver of any provision or right for any reason whatsoever.

Security. Aesthetic Angel does not guarantee that our Services will be secure or free from bugs or viruses. You yourself are responsible for configuring your information technology, computer programs, and/or platform to access our Services. It is recommended that you use your own virus protection software.

Agency. No agency, partnership, joint venture, and/or employment relationship is created due to these Terms and neither party has any authority of any kind to bind the other in any respect for any reason whatsoever.

Notices. Unless otherwise explicitly stated in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent through certified or registered mail; delivery confirmation will be requested when the stated delivery is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

While www.Aesthetic Angel.com and any or all of their dependent pages contain far too much information to be quoted in their entirety in these Terms, you are solely responsible for reading and understanding all applicable information contained on any Aesthetic Angel page. Aesthetic Angel is not for any reason responsible for any/all inconvenience, loss of profit, and/or other complications that you, your business, and/or customers may experience as a result of your failure to read and understand any and all information on the Aesthetic Angel website.

Please note, return shipments sent to the Aesthetic Angel’s office address will be refused, disposed of, and or ineligible for a refund. For proper handling of returns, you are required to follow the proper return/refund policies on the order management page within your account.

If you have any questions or concerns about Aesthetic Angel’s services, features, websites, and/or app, and/or these Terms, you may contact Aesthetic Angel’s customer support team via email, phone, or chat.