Terms of Use

Welcome and thank you for your interest in Grace Aesthetics and Wellness’s website located at
https://gracemedspas.com/ (“Website”), as it may be updated, relocated, or otherwise modified from time to time. These Terms of Use (“Agreement”) establish the terms and conditions that apply to you when you use any aspect of the Website.

The purpose of the Website is to facilitate communications between you and Grace Aesthetics
and Wellness. Any interactions between you and Grace Aesthetics and Wellness, including
communications and appointment scheduling, are facilitated through third party website, software, and/or other technology (“Third Party Site”) that Grace Aesthetics and Wellness does not control, own, or operate.

Any information collected by the Website is governed by Grace Aesthetics and Wellness’s Privacy
Policy. Nothing in these Terms of Use or on the Website constitutes an offer, promise of employment, or other relationship. Please note that we may or may not review all or any information submitted to us through the Website or through any other means.

The terms of these Terms of Use will govern any software and services updates, enhancements,
and upgrades that replace and/or supplement the Website. You agree to comply with all terms, conditions, and restrictions set forth in these Terms of Use. You acknowledge that any use of the Website not in compliance with these Terms of Use may be prosecuted under the full extent of the law. “You” and “your” means you, as an individual, as identified by you during registration.

PLEASE READ THESE TERMS OF USE CAREFULLY IN THEIR ENTIRETY BEFORE USING
THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND THESE TERMS OF USE, PLEASE DO NOT
USE THE WEBSITE. THESE TERMS OF USE CONTAINS WARRANTY DISCLAIMERS AND OTHER
PROVISIONS THAT LIMIT GRACE AESTHETICS AND WELLNESS’S LIABILITY TO YOU. BY USING
THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND
THESE TERMS OF USE, THE PROVISIONS, DISCLOSURES, AND DISCLAIMERS SET FORTH IN
THESE TERMS OF USE ARE FAIR AND REASONABLE, AND YOUR AGREEMENT TO FOLLOW AND
BE BOUND BY THESE TERMS OF USE IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD,
DURESS, OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
1. Permitted Uses and Reservations. Subject to your compliance with and the terms of these
Terms of Use, Grace Aesthetics and Wellness grants you a limited, non-exclusive, nontransferable
right during the Term to access and use the Website for your personal use only. Grace Aesthetics and
Wellness reserves all rights not expressly granted to you under these Terms of Use. Except as
expressly set forth in these Terms of Use, you will not distribute or otherwise make available the
Website, or any portion of the foregoing, in any form to any third party.
2. User Accounts. To schedule an appointment with Grace Aesthetics and Wellness, you will
register and establish a user account (“User Account”) along with user ID(s) and password(s)
(“Login Information”). You will employ the security measures necessary to prevent unauthorized
users from accessing the Website and your Login Information. You are solely responsible for the
maintenance of your Login Information and your User Account. You accept sole responsibility for, and
will be liable for all access to the Website in connection with your Login Information and User
Account. You will inform all authorized persons who are given access by you to the Website that such
materials are confidential. Without the prior written consent and such third party entering into a written
agreement with Grace Aesthetics and Wellness, you will not utilize the services of any third party to
assist you in using the Website. You will be responsible for all activities that occur under or in
connection with your User Account and Login Information. If you are an Entity, only your bona fide
employees, duly authorized agents and representatives may use the Website under your User

Account and these Terms of Use applies to all of your employees, representatives, agents, and any
other person or entity that accesses the Website through your User Account.
3. Appointment Scheduling. To book appointments online and RSVP for events sponsored by
Grace Aesthetics and Wellness, you will be redirected to a Third Party Site. If you have questions or
concerns about booking appointments online, please contact Grace Aesthetics and Wellness. You
agree to provide current, accurate, and complete information required to schedule an appointment,
and at other points as may be required in the course of using the Website or a Third Party Site
(“Registration Data”). You must have a valid email address to schedule an appointment online.
Further, you agree to maintain and update your Registration Data as required to keep it current,
accurate, and complete. You agree that Grace Aesthetics and Wellness may store and use the
Registration Data you provide for use in maintaining your User Account. Grace Aesthetics and
Wellness has the right to confirm or otherwise verify or check, in its sole discretion, the truth and
accuracy of any registration information at any time. Verification of your registration information,
specifically, your name and/or address, against a third party database may be considered to
constitute a “credit check” under certain laws. Grace Aesthetics and Wellness is not making, as part
of the registration process, and will not otherwise make, any type of inquiry to any third party
regarding any individual’s credit history and personal financial information without first obtaining such
individual’s express authorization to do so. Grace Aesthetics and Wellness may terminate your rights
to any part of or the entire Website if any information you provide is false, incomplete or inaccurate.
4. Messaging and Data Fees. While there may not be fees associated with your download and use
of the Website, you acknowledge and agree that you are subject to standard text messaging and data use rates set by your telecommunications carrier that are used in connection with the Website.
5. Medical Disclaimers.
a. You acknowledge and agree that the duly licensed medical personnel will be solely
responsible for and will have complete authority, responsibility, supervision, and control
over the provision of all medical services and other professional health care services
performed for you, and that all diagnoses, treatments, procedures, and other professional
health care services provided to you (collectively, “Medical Services”) will be provided
and performed exclusively by or under the supervision of the duly licensed medical
personnel, in its sole discretion, which must be in accordance with all applicable laws.
b. Use of the Website and/or any information or content that is included on or transmitted
through the Website or a Third-Party Site is not intended to and will not create any
healthcare provider/patient relationship of any kind involving Grace Aesthetics and
Wellness or its affiliates.
c. Any content available on or through the Website is for informational purposes only and is
not a substitute for the professional judgment of a healthcare professional in diagnosing
and treating patients. Neither the content nor any other service offered by or through the
Website is intended to be substituted for medical diagnosis or treatment. The Website
includes content provided by third parties, including materials provided by other users
and bloggers. All statements and/or opinions expressed in these materials, and all
articles and responses to questions and other content, other than the content provided by
Grace Aesthetics and Wellness, are solely the opinions and the responsibility of the
person or entity providing those materials. These materials do not necessarily reflect the
opinion of Grace and Aesthetics and Wellness. Your reliance upon any information
obtained or used by you is solely at your own risk. Grace Aesthetics and Wellness is not
responsible for the accuracy of any information or content provided or sent by you or
other users of the Website. You are responsible for verifying the accuracy of any
information you send or receive through the Website, including any of your patient health
information, data, or records. IF YOU HAVE AN EMERGENCY, DO NOT USE THE
WEBSITE TO CONTACT GRACE AESTHETICS AND WELLNESS OR ITS AFFILIATES
– YOU SHOULD IMMEDIATELY CALL 911 AND REQUEST EMERGENCY CARE
ASSISTANCE.

d. Grace Aesthetics and Wellness shall not be liable in any way to you for any decision you
make or any actions that occur in connection with the use of the Website or a Third-Party
Site. Grace Aesthetics and Wellness has no control over, and cannot guarantee the
availability of any provider that is a part of the Website at any particular time. Grace
Aesthetics and Wellness will not be liable or responsible in any way for cancelled or
otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury
resulting from the use of the Website whatsoever.
e. You are strongly advised to perform an independent investigation prior to selecting a
healthcare professional by making telephone calls to the appropriate licensing
authorities to verify listed credentials and education.
f. Grace Aesthetics and Wellness makes the Website available as a service to consumers
for the purposes of providing an informative resource on its services. Grace Aesthetics
and Wellness may, but has no obligation to, review content posted on the Website. It is
important to note, however, that the timeliness and accuracy of any or all of the content is
not guaranteed. Neither the authors (whether users of the Website or not), Grace
Aesthetics and Wellness, nor any other party who has been involved in the preparation or
publication of any content can assure you that such content is in every respect accurate
or complete, and they are not responsible for any errors or omissions or for the results
obtained from the use of such content.

6. Actions Prohibited. You agree not to use the Website to do any of the following:
a. Scan, probe, or test the vulnerability of the Website or any service connected to the
Website, nor breach the authentication or security measures on the Website or any network
connected to the Website;
b. Trace, seek to trace, reverse look-up any information on any other user of or visitor to the
Website, or any other customer of Grace Aesthetics and Wellness, including any Grace
Aesthetics and Wellness account not owned by you, to its source, or exploit the Website or any
service or information made available or offered by or through the Website, in any way where the
purpose is to reveal any information, including but not limited to personal identification or
information, other than your own information, as provided for by the Website;
c. Attempt to gain unauthorized access to any portion or feature of the Website, or any
other systems or networks connected to the Website or to any server of Grace Aesthetics and
Wellness, or to any of the services offered on or through the Website, by hacking, password
“mining” or any other illegitimate means;
d. Use any “spider,” “robot,” “deep-link,” “page-scrape,” or other automatic device, program,
methodology or algorithm, or any similar or equivalent manual process, to acquire, access, copy
or monitor any portion of the Website, or in any way reproduce or circumvent the navigational
structure or presentation of the Website, to obtain or attempt to obtain any materials, documents
or information through any means not purposely made available through the Website;
e. Use any software, device, or routine to interfere or attempt to interfere with the proper
working of the Website or any transaction being conducted on the Website, or with any other
person’s use of the Website;
f. Take any action, intentionally or unintentionally, that imposes an unreasonable or
disproportionately large load on the infrastructure of the Website or the systems or networks of
Grace Aesthetics and Wellness, or any systems or networks connected to Grace Aesthetics and
Wellness or the Website;

g. Use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or
to solicit the performance of any illegal activity or other activity which infringes the rights of Grace
Aesthetics and Wellness or others;
h. Transmit or communicate any data that is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful or racially,
ethnically or otherwise objectionable;
i. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation
with a person or entity;
j. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any
data transmitted to other parties;
k. Transmit, access or communicate any data that you do not have a right to transmit under
any law or under contractual or fiduciary relationships (such as inside information, proprietary and

confidential information learned or disclosed as part of employment relationships or under non-
disclosure agreements), or any data that infringes any patent, trademark, trade secret, copyright

or other proprietary rights of any party;
l. Transmit or communicate any data 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 any telecommunications equipment;
m. Interfere with service to any user of the Website, host or network, including, without
limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”,
“mail bombing” or “crashing” or otherwise interfere with or disrupt or circumvent the Website;
n. Violate any applicable local, state, national or international law, including securities
exchange and any regulations, requirements, procedures or policies in force from time to time
relating to the Website;
o. Monitor traffic or make search requests in order to accumulate information about
individual users or collect or store personal data about other users; or
p. Modify, delete, or damage any information contained on the personal computer of any
Website user.
7. Third Party Services. Any Third Party Services provided, made available, linked to, or otherwise
accessible through the Website are provided solely as a convenience to you and not under the
control of Grace Aesthetics and Wellness. Grace Aesthetics and Wellness does not endorse,
recommend, or otherwise make any representations or warranties with respect to any Third Party
Services. Grace Aesthetics and Wellness does not have any responsibility or liability to you for any
Third Party Services which you access and you use it at your own risk. Further, you agree to comply
with any and all terms and conditions applicable to the use of Third Party Services and otherwise
ensure that you have obtained all rights, licenses, and clearances that may be necessary to use such
Third Party Services.
8. Ownership and Title. All title to and the rights in the Website, including ownership rights to
patents (registrations, renewals, and pending applications), copyrights, trademarks, service marks,
domain names, trade dress, trade secrets, Grace Aesthetics and Wellness’s or third party other
technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property
of Grace Aesthetics and Wellness and/or third parties.
9. Reverse Engineering. You agree not to reverse engineer, decompile, or disassemble the
Website or any aspect of the Website, except where applicable law permits it despite this limitation.
Further, you agree not to alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create

derivative works from, distribute or provide others with the Website, in whole or part, or transmit or
communicate the Website over a network or to any third party.
10. Trademarks. Trademarks, service marks, graphics and logos used in connection with the
Website are the trademarks of their respective owners. You are not granted any right or license with
respect to any of the trademarks mentioned above and any use of such trademarks.
11. Export Law Assurances. You may not use or otherwise export or re-export the Website except
as authorized by United States law and the laws of the jurisdiction in which the Website is accessed.
In particular, but without limitation, the Website may not be exported or re-exported (a) into (or to a
national or resident of) any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury
Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied
Persons’ List or Entity List. By using the Website, you represent and warrant that you are not located
in, under control of, or a national or resident of any such country or on any such list and that you will
comply will all applicable laws.
12. Representations & Warranties. You represent, warrant, and covenant to Grace Aesthetics and
Wellness the following: (a) all information you provide to Grace Aesthetics and Wellness as part of the
registration process or otherwise will be truthful, accurate and complete, irrespective of any
independent verification or other determination made by Grace Aesthetics and Wellness; (b) you own
or control the necessary rights and authority to grant the rights, and permissions made under these
Terms of Use, and that the exercise of such rights, licenses and permissions by Grace Aesthetics and
Wellness will not violate or otherwise infringe the rights of any third party; (c) you have the full
authority to act on behalf of any and all owners of any right, title or interest in and to your API(s) that
you provide to Grace Aesthetics and Wellness; (d) these Terms of Use have been duly and validly
authorized, accepted, agreed to, and delivered by you (or your authorized representative) and
constitutes your legal, valid, and binding obligation, enforceable against you in accordance with these
Terms of Use; and (e) the performance by you of these Terms of Use and your use of the Website
does not and will not conflict with or violate (1) any law, rule, regulation, order, judgment, decree,
agreement, instrument, or obligation applicable to you, or (2) if you are an Entity, any provision of
your organizational or governing documents.
13. Disclaimer of Warranties. THE WEBSITE AND THIRD PARTY SITES ARE MADE AVAILABLE
ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GRACE AESTHETICS AND
WELLNESS, ITS LICENSORS, AND SUPPLIERS MAKE NO WARRANTY, REPRESENTATION, OR
GUARANTY: (1) AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, RELEVANCE, OR
COMPLETENESS OF ANY CONTENT; (2) AS TO ANY INFORMATION OFFERED OR PROVIDED
WITHIN OR THROUGH THE WEBSITE; OR (3) THAT THE WEBSITE MAY BE RELIED UPON FOR
ANY REASON, WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS CAN OR
WILL BE CORRECTED. FURTHER, YOUR USE OF THE WEBSITE AND ANY THIRD PARTY
WEBSITES IS AT YOUR OWN RISK. GRACE AESTHETICS AND WELLNESS DOES NOT
WARRANT THAT THE WEBSITE OR THIRD PARTY WEBSITES WILL MEET YOUR SPECIFIC
REQUIREMENTS. TO THE EXTENT THAT GRACE AESTHETICS AND WELLNESS MAY NOT
DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION
OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
14. Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, UNDER NO
CIRCUMSTANCES WILL GRACE AESTHETICS AND WELLNESS BE LIABLE TO YOU OR ANY
OTHER PERSON FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR
EXEMPLARY DAMAGES, COSTS, EXPENSES OR LOSSES OR LOST PROFITS IN CONNECTION
WITH THE WEBSITE OR OTHERWISE RELATED TO THESE TERMS OF USE. THE PROVISIONS
OF THIS AGREEMENT WILL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE,
CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT
(INCLUDING NEGLIGENCE), FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, AND EVEN
IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. GRACE AESTHETICS AND WELLNESS

WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS UNDER THESE
TERMS OF USE BECAUSE OF CIRCUMSTANCES BEYOND ITS CONTROL, WHICH
CIRCUMSTANCES INCLUDE NATURAL DISASTER, TERRORISM, THIRD PARTY LABOR
DISPUTES, WAR, DECLARATIONS OF GOVERNMENTS, TRANSPORTATION DELAYS, FAILURE
OF HARDWARE, EQUIPMENT, OR TELECOMMUNICATIONS FAILURE. GRACE AESTHETICS
AND WELLNESS WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS
UNDER THESE TERMS OF USE BECAUSE OF MISUSE OF THE PLATFORM, WEBSITE, OR
THIRD PARTY SERVICES. GRACE AESTHETICS AND WELLNESS’S TOTAL CUMULATIVE
LIABILITY FOR ALL MATTERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE
WEBSITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE SUM OF
ALL AMOUNTS PAID BY YOU DURING THE 12-MONTH PERIOD PRECEDING THE CAUSE
WHICH GAVE RISE TO SUCH DAMAGES. THIS AGREEMENT WILL BE GIVEN FULL EFFECT
EVEN IN THE EVENT THAT ANY EXCLUSIVE REMEDY PROVIDED HAS FAILED OF ITS
ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS
AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS OF USE
AND THAT THE PARTIES WOULD NOT ENTER INTO THESE TERMS OF USE WITHOUT THESE
LIMITATIONS OF LIABILITY.
15. Indemnification. YOU WILL INDEMNIFY, DEFEND, AND HOLD INDEMNITEES HARMLESS
FROM AND AGAINST ANY AND ALL DIRECT AND THIRD PARTY CLAIMS AND LOSSES ARISING
FROM OR ATTRIBUTABLE TO (1) YOUR BREACH OF ANY OF YOUR REPRESENTATIONS,
WARRANTIES, COVENANTS, OR OTHER AGREEMENTS MADE UNDER THESE TERMS OF
USE; (2) ANY CLAIMS BY OR DISPUTES RELATED TO YOUR USE OF THE WEBSITE BETWEEN
YOU AND ANY THIRD PARTY; (3) ANY DATA YOU PROVIDE TO THE WEBSITE OR OTHERWISE
TRANSMIT USING THE WEBSITE; AND (4) THE PROVISION OF ANY AND ALL MEDICAL
SERVICES IN CONNECTION WITH YOUR USE OF THE WEBSITE AND OTHERWISE. YOU WILL
FURTHER INDEMNIFY, DEFEND, AND HOLD HARMLESS, WAIVE AND FULLY RELEASE GRACE
AESTHETICS AND WELLNESS FROM AND AGAINST ANY AND ALL DIRECT AND THIRD PARTY
CLAIMS AND LOSSES ARISING FROM OR ATTRIBUTABLE TO ANY DISPUTES BY OR BETWEEN
YOU AND ITS EMPLOYEES, REPRESENTATIVES, AGENTS OR MEDICAL PROVIDERS.
a. Procedures. The Indemnitee will give you written notice of any Claim for which
indemnification is sought. However, failure to provide such notice will not relieve you from your
liability or obligations under these Terms of Use, except to the extent you are materially
prejudiced as a direct result of such failure. The Indemnitee will cooperate with you at your
expense in connection with the defense and settlement of the Claim. You may not settle any
indemnified Claim in a manner that adversely affects the Indemnitee without its prior written
consent. Further, the Indemnitee may participate in the defense of the Claim through counsel of
its own choosing at its own cost and expense. If you fail to promptly assume the defense and
employ counsel reasonably satisfactory to Indemnitee, or the Indemnitee has been advised by
counsel that there exist actual or potential conflicting interests between you or your counsel and
such Indemnitee, the Indemnitee may employ separate counsel, in addition to local counsel, to
represent or defend such Indemnitee in such action or proceeding, and you agree to pay the fees
and disbursements of such separate counsel as incurred. To the extent indemnification requires
the payment of monies owed, such indemnification will occur as soon as reasonably possible
after the determination of monies owed, and payment to the Indemnitee will be made within 30
days of a final determination of monies owed. Your obligations under this Agreement are in
addition to any rights that any Indemnitee may have at common law or otherwise.
b. Defined Terms. “Claim” means each and every claim, request, accusation, allegation,
assertion, complaint, petition, demand, suit, action, proceeding, and cause of action of every kind
and description. “Indemnitee” means Grace Aesthetics and Wellness, its affiliates, and its and
their respective officers, directors, shareholders, managers, members, agents, employees,
representatives, successors, and/or assigns. “Loss” means each and every liability, loss,
damage, and injury (including injury or damage to any property right, and injury, damage, or death
to any person), wound, wrong, hurt, harm, expense, deficiency, diminution in value, obligation,
expenditure and disbursement of any kind or nature (including all fees, costs, and expenses of
investigation, travel expenses, and value of time expended by personnel), settlement, fine, fee,

cost, cost of court, and all expenses of litigation (including reasonable attorneys’ fees) incident to
any of the foregoing.
16. Release. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE
WEBSITE FOR ANY REASON, YOU RELEASE GRACE AESTHETICS AND WELLNESS (AND ITS
OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES)
FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND
AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF
YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH
PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR.”
17. Term and Termination. These Terms of Use commence when you first access the Website and
continue until your right to access and use the Website under these Terms of Use is otherwise
terminated in accordance with these Terms of Use (“Term”). You may terminate your use of the
Website. Grace Aesthetics and Wellness may suspend or terminate your access to and use of the
Website as follows: (1) upon notice to you if you breach any other term of these Terms of Use; or (2)
upon notice (if reasonably practicable) in the event of a security breach or other technical issue
related to the Website. Failure to abide by these Terms of Use is a material breach of these Terms of
Use for which Grace Aesthetics and Wellness may pursue all rights and remedies it has pursuant to
these Terms of Use, and any other rights and remedies it may have at law or in equity. You also agree
that any violation by you of these Terms of Use will constitute an unlawful and unfair business
practice and will cause irreparable harm to Grace Aesthetics and Wellness, for which monetary
damages would be inadequate, and you consent to Grace Aesthetics and Wellness obtaining any
injunctive or equitable relief that Grace Aesthetics and Wellness deems necessary or appropriate in
such circumstances. These remedies are in addition to any other remedies that Grace Aesthetics and
Wellness may have at law or in equity. You agree that Grace Aesthetics and Wellness may, in its sole
discretion and without prior notice, terminate your access to the Website for violations of these Terms
of Use or other agreements or guidelines which may be associated with your use of the Website or
Grace Aesthetics and Wellness deems it necessary in its sole discretion.
18. General Provisions.
a. Entire Agreement. These Terms of Use contain the entire understanding of you and
Grace Aesthetics and Wellness with respect to the subject matter of these Terms of Use and
supersede all previous verbal and written agreements between the parties concerning the subject
matter of these Terms of Use. The Website is the property of Grace Aesthetics and Wellness.
Grace Aesthetics and Wellness reserves the right to change, add or remove portions of these
Terms of Use at any time and at its sole discretion. Your continued use of the Website following
the posting of any changes means that you accept and agree to such changes. It is your
responsibility to check these Terms of Use periodically for changes.
b. Assignment. These Terms of Use, and any rights or obligations in these Terms of Use,
will not be assigned by you without the prior written consent of Grace Aesthetics and Wellness.
Any attempt to assign or transfer these Terms of Use other than in accordance with this provision
will be null and void. Subject to the foregoing, these Terms of Use and its terms and provisions
inure to the benefit of and are binding upon the parties and their respective successors, heirs,
personal representatives, and assigns.
c. Governing Law/Binding Arbitration.
i.You agree that all matters relating to your access to or use of the Website, including all
disputes, will be governed by the laws of the United States and by the laws of the State of Maryland
without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in
the state and federal courts in Carroll County, Maryland, and waive any objection to such jurisdiction or

venue. These Terms of Use will not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded. If for any reason a court of
competent jurisdiction finds any provision, or portion of any provision, to be unenforceable, the
remainder of these Terms of Use will continue in full force and effect.

ii.In exchange for the benefits of the speedy, economical, and impartial dispute resolution
of arbitration, you choose to waive your right to resolution of your Dispute in a court of law by judge or
jury, and instead elect to treat your dispute, if any, pursuant to the Commercial Arbitration Rules, as then
in effect, of the American Arbitration Association (“AAA”), in accordance with this Agreement.

1. You agree that any controversy, dispute, or claim (“Dispute”) arising out of or
relating to these Terms of Use will be settled by a confidential, final, and binding arbitration in
Carroll County, Maryland administered by AAA pursuant to the Arbitration Rules. For the avoidance
of doubt, any Dispute about the enforceability of this Agreement or whether a Dispute is subject to
this Agreement, will be resolved by arbitration.
2. You agree that any arbitration proceedings will be conducted before an arbitrator
to be selected pursuant to the Arbitration Rules of the AAA (“Arbitrator”) as expeditiously as
possible and acknowledge that expeditious arbitration is in the interest of you.
3. You will maintain the confidential nature of the arbitration proceeding, except as
may be necessary in connection with a court application for a preliminary remedy, a court action to
challenge or enforce the arbitration award, or as otherwise required by law or judicial decision. You
further agree that the Arbitrator will render the arbitration award in writing and explain the decision
which, to the extent possible, will not include Grace Aesthetics and Wellness’s confidential
information.
4. You waive to the fullest extent permitted by law any rights to appeal or to review
of the arbitration award by any court or tribunal. You consent to exclusive jurisdiction of, and agree
that sole venue will lie in, any state or federal court sitting in Carroll County, Maryland for any
allowable judicial proceeding relating to any arbitration under these Terms of Use, including entry
of a judgment on the arbitration award.
5. Notwithstanding anything to the contrary in this Agreement, a party may file an
action in any state or federal court sitting in Carroll County, Maryland to obtain provisional
injunctive or equitable relief to prevent immediate and irreparable harm and to ensure that the
relief sought by the aggrieved party is not rendered ineffectual pending the arbitration. You waive
any defense of inconvenient forum to the maintenance of any action so brought and waives any
bond, surety, or other security that might be required of Grace Aesthetics and Wellness with
respect to such defense. You agree to send Grace Aesthetics and Wellness a copy of your
arbitration notice by emailing info@gracemedspas.com. Grace Aesthetics and Wellness agrees to
send you a copy of the notice to your email address on file. Nothing in this Agreement, however,
will affect the right of any party to serve legal process in any other manner permitted by law or at
equity. For the avoidance of doubt, in the event of a conflict between this Agreement and the
Arbitration Rules, this Agreement controls.
6. EXCEPT WHERE PROHIBITED BY LAW, BY AGREEING TO THE
FOREGOING, YOU EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING
INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO
THESE TERMS OF USE.
d. Waiver of Class and Joint Claims. You expressly waive any right to join any party with
any party in any claim against Grace Aesthetics and Wellness or its affiliates, and any other right
to a class action against Grace Aesthetics and Wellness or its affiliates. Any arbitration (or, if
arbitration of the action is not permitted by law, litigation) will be solely on behalf of an individual
person, and will not be consolidated or joined with the claims of any other person or brought on
behalf of a putative class unless previously agreed to in writing by both you and Grace Aesthetics
and Wellness.

e. Notices. All notices, requests, or consents required or permitted under these Terms of
Use will be in writing (including electronic form) and will be delivered to the address as the party
may designate in a notice served upon the other party in the manner provided for below. Each
notice, request, consent, or other communication will be given and will be effective: (1) if
delivered by hand, when so delivered; (2) if delivered by nationally recognized overnight courier
service or sent by United States Express Mail, upon confirmation of delivery; (3) if delivered by
certified or registered mail, on the third following day after deposit with the United States Postal
Service; or (4) if delivered by email, upon confirmation of successful transmission based on the
electronic records of Grace Aesthetics and Wellness.
f. Severability. The provisions of these Terms of Use are severable. The invalidity, in
whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability
of any other of its provisions. If one or more provisions of these Terms of Use are declared
invalid or unenforceable, the remaining provisions will remain in full force and effect and will be
construed in the broadest possible manner to effectuate the purposes of these Terms of Use.
g. Captions. The headings and captions of these Terms of Use are inserted for reference
convenience and do not define, limit, or describe the scope or intent of these Terms of Use or any
particular provision of these Terms of Use. Unless otherwise expressly provided, the words
“include(s),” “included,” or “including” do not limit the preceding words or terms. Pronouns will
refer to the masculine, feminine, neuter, singular, or plural as the context will require.
h. Authority to Accept the Terms. You represent that you have full power, capacity and
authority to accept these Terms of Use. If you are accepting on behalf of your employer or an
Entity, you represent that you have full legal authority to bind your employer or such Entity to
these Terms of Use.
i. Waiver. The failure or delay of Grace Aesthetics and Wellness to exercise or enforce any
rights or provision of these Terms of Use does not constitute a waiver of such right or provision.
j. Survival. All provisions which must survive in order to give effect to their meaning will
survive any expiration or termination of these Terms of Use, including without limitation all of your
representations, warranties and indemnification obligations, which will survive these Terms of Use
for the greater of 4 years or expiration of the applicable statute of limitations.
k. Eligibility. You must be at least 18 years of age. You represent and warrant that you are
at least 18 years of age, you have not been previously suspended or removed from the Website,
you reside in the United States, and you possess the legal right and ability to enter into these
Terms of Use. THE WEBSITE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR ANY
USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY GRACE
AESTHETICS AND WELLNESS. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT
USE OR ACCESS THE WEBSITE AT ANY TIME OR IN ANY MANNER.
l. Entity. If you are using the Website on behalf of an individual, company, entity, or other
organization (“Entity”), you represent and warrant that (1) you are an authorized representative of
the Entity with the authority to bind the Entity to these Terms of Use, (2) agree to be bound by
these Terms of Use on behalf of the Entity, and (3) your Entity meets the eligibility requirements
for the Website, as set forth in these Terms of Use. Further, you will be solely responsible for
ensuring your Entity complies with these Terms of Use.
m. Force Majeure. Grace Aesthetics and Wellness will not be liable for any delay or failure
to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond
Grace Aesthetics and Wellness’s reasonable control, such as strikes, blockade, war, terrorism,
riots, natural disasters, epidemic, or governmental action, in so far as such an event prevents or
delays Grace Aesthetics and Wellness in fulfilling its obligations under these Terms of Use.