Ashley

Terms and Conditions

by Ashley Black

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Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on January 29, 2018


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

You agree that ADB Interests, LLC do not need to notify you of any changes to this Agreement. You can review the most current version of the Agreement online at any time.

Description of Service

ADB Interests, LLC is providing Visitor with information about its products. Visitor must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Visitor’s access to the Internet, and (3) pay any fees relate with such connection.

Disclaimer of Warranties

The site is provided by ADB Interests, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, ADB Interests, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. ADB Interests, LLC shall have no liability for any interruptions in the use of this website. ADB Interests, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

WARNING: I UNDERSTAND THAT:

Ashley Black Company products, currently under the brand names FasciaBlaster®, or any other trade names, are Class 1 medical devices and are intended for self-use by healthy individuals. Always seek medical advice from your medical professional, or other trusted specialist, before beginning any beauty regime or exercise program.

DO NOT USE the FasciaBlaster® line of products if you have a history of or may have blood clots also known as Deep Vein Thrombosis.

DO NOT USE the FasciaBlaster® line of products directly on varicose veins and discontinue use if you develop them during use of the FasciaBlaster(s)

DO NOT USE the FasciaBlaster® line of products if you have recently, are currently, or will be taking blood thinners.

DO NOT USE the FasciaBlaster® line of products on the carotid artery located on both sides of the neck.

DO NOT DIG the FasciaBlaster® line of products on the carotid artery located behind the neck muscles.

If you are pregnant, DO NOT USE the FasciaBlaster® line of products or any other FasciaBlaster® line of products any of our other product(s) or service(s) on the belly. Consult your trusted health care provider and decide with your provider if the FasciaBlaster(s) is right for you.

REPORTED EFFECTS: Other users have experienced symptoms including to but not limited to the following: dizziness, emotions, diarrhea, nausea, rash, acne, headache, flu-like symptoms, cough, congestion, increased urination, fatigue. If you are concerned about any effects you are experiencing, please see your healthcare provider. Please refer your provider to our website so they can understand more about our products.

DO NOT USE the FasciaBlaster® line of products if you are unwilling to bruise, as bruising is to be expected. You acknowledge your are responsible for the depth and pressure of the FasciaBlaster® line of products and other products or services during SELF-USE.

Our products and services are intended for SELF-USE. I acknowledge that, if I am a practitioner of any type and choose to use any of our product(s) or service(s) on another individual, you are subject to your state laws and other standards of practice and will practice within your professional scope and authority.

You acknowledge that if you chose to use the FasciaBlaster® line of products or other products or services, you are solely responsible for the outcome and you hereby waive any and all liability, whether in contract or in tort, of the and any of our parents, subsidiaries, associated or affiliated entities, and their respective owners, officers, directors, employees, contractors or assigns.

You acknowledge that you are aware that the FasciaBlaster® line of products and any of our other services and products can temporarily re-establish blood flow.

You understand that we are a group of innovators in the field of Fasciology, which is not yet a recognized science or license. We do not identify ourselves or any of our personnel as licensed/certified as a professional in any field. You understand that our products and services are not a substitute for the consultation, diagnosis and/or medical treatment provided by your doctor, healthcare provider, nutritionist, dietician or other licensed or certified professional, or any trusted specialist.

By accepting these terms, you agree that you will not hold Ashley Black, or the Ashley, or ADB Interests LLC and affiliated companies or their employees responsible for any injury, illness, reaction, allergic reaction, or lack of results while using our products or services in the present or future in perpetuity.

You acknowledge that you use of our products and services is my own responsibility in its entirety and that I understand and agree to the preceding text and the following waiver.

The FasciaBlaster® line of products and other products, and all features, functionality, tools, and content therefor (the “Ashley Black Products,” is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Ashley Black Products and all intellectual property rights therein are the exclusive property of one or more of our companies. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying products.

Without limiting the foregoing, you acknowledge and agree that the trade names, logos, tag lines, and other trademarks and service marks associated with the ADB Interests, LLC and affilated companies or the Ashley Black Products (the “Marks”) are the property of ADB Interests, LLC and/or affiliated companies, and that you are not permitted to use, sell, or otherwise distribute the Marks without our prior written consent.

Subject to your compliance with these terms, we grant you a limited non-exclusive, non-transferable license to access and use our products, for your own personal use only, and not for use as a service provider or any other commercial use.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Ashley Black Products in any form or by any means, or sublicense the rights granted in the terms, except as expressly permitted herein, without the prior written permission from us.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us, except for the licenses and rights expressly granted in the terms. All rights not expressly granted to you by the terms are hereby reserved.

Canceling / Amending orders:

Orders cannot be canceled or amended once checkout has been finalized. After receipt of a product, customers can e-mail support@fasciablaster.com to request a return (some restrictions apply – see below).

Return Policy

Worldwide Return Policy:

Customers are eligible for a 1000-day money-back guarantee when they’ve purchased any of the following products from the FasciaBlaster.com or AshleyBlackGuru.com sites: the FasciaBlaster® device MasterBlaster™ device, FaceBlaster™ device, Mini1™ device, Mini2™ device, or Nugget. Once we confirm we have received the returned item in our warehouse, please allow for 5-7 business days for the refund to process. Shipping and handling costs (both the fee to send and to return) are non-refundable.

For bundled products, all individual products must be returned to receive a refund. For bundles with creams or oils, breaking the seals on the creams or oils will void return eligibility. Additionally, the Limited Edition FaceBlaster™ Gift Set is refundable only if the entire kit and its contents are returned, and none of the seals on the oil, cleansers, and cream have been broken. However, if you experience allergies, please contact support@fasciablaster.comto see if you qualify for an exception.

Defective Products Policy:

For products purchased from FasciaBlaster.com or AshleyBlackGuru.com, you are eligible for a replacement of manufacturer defective products for the following devices: the FasciaBlaster® device, MasterBlaster™ device, FaceBlaster™ device, Mini1™ device, Mini2™ device, or Nugget for up to 30 days from purchase. After 30 days, you’ll be eligible to receive a replacement and will only be responsible for the shipping and handling.

For products purchased from seller “Ashley Black Guru” on Amazon.com, you are eligible for a replacement of manufacturer defective products for the following devices: the FasciaBlaster® device, MasterBlaster™ device, FaceBlaster™ device, Mini1™ device, Mini2™ device, or Nugget for up to 30 days from the date of purchase. Please inspect upon receipt.

Return policy for sales of our other products:

The Blaster Oil™ Set, Blaster Oil™ and After Blaster™, FaceCare Essentials™, AB Hat, Ask Me Blast Me set, Tank Top – Distorted AB Logo, Tee Shirt – Distorted AB Logo, I.C.E. Foundations DVD Kit, and all apparel sales are final and non-refundable.

Apparel Exchanges:

You are eligible to exchange your apparel purchase for a different size of the same product within 14 days from the date of purchase (subject to availability). The cost of the return shipping of the product for exchange is the responsibility of the Customer.

Apparel Defects:

You are eligible for a replacement of manufacturer defective apparel for 14 days from the date of purchase. Please inspect upon receipt.

Lost or Stolen Orders:

After your order has been placed, processed, and payment approved, your product will ship via common carrier freight, USPS, UPS ground or FedEx Ground unless otherwise specified. There is a handling fee for all products that are shipped. UPS Ground, USPS, and FedEx Ground deliveries do not require a signature at the time of delivery and will be left at the location if no one is present. We are not responsible for lost, stolen, misplaced, or delayed shipments, or deliveries damaged by the freight carriers, or for delays, losses, misdeliveries, or other problems with shipments resulting from incorrect information provided by the Customer. Please contact the carriers to address issues in this regard.

Privacy Policy

We will not sell, exchange, or release your personal information to a third party without your express permission, unless required by law or court or governmental order. However, we may share or publicly disclose compiled, aggregated data containing no personally identifiable information. Registration Data and certain other information about you are subject to our Privacy Policy. For more information, please see our Privacy Policy. We may use your information for the purpose of maintaining and improving the operation of the Service, as well as providing you with offers targeted toward your usage of the Service. You can cancel your registration on the Service at any time. This provision and the policies outlined herein do not imply contractual or other legal rights of any other party. Any picture, testimony, review etc. posted in any group, professional page, website, or ANYWHERE on the internet is subject to screen-shotting and sharing. Post at your own risk, holding us harmless.

Member Account, Password and Security

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

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

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

Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ADB Interests, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. THIS LIMITATION OF LIABILITY DOES NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

Indemnification

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

Modifications and Interruption to Service

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

Third-Party Sites

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

Governing Jurisdiction of the Texas Courts

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

Compliance with Laws

Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

No Unlawful or Prohibited Use

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

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

Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; Use automated scripts to collect information from or otherwise interact with the Service or the Site; Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; Register for more than one user account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Intimidate or harass another; Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; Use or attempt to use anothers account, service or system without authorization from the Company, or create a false identity on the Service or the Site. Upload, post, transmit, share, store or otherwise make available content that, in our sole judgment is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type.

Without limiting any of the foregoing, you also agree to abide by ourCode of Conduct that provides further information regarding the authorized conduct of users.

Intellectual Property

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

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof are © Copyright 1999-2018, . ALL RIGHTS RESERVED; or is the property of ADB Interests, LLC , Ashley Diana Black International Holdings, LLC and/or affiliated companies or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of our company is strictly prohibited. Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of our company.

Ashley Black Guru is a proprietary mark of ours. Our company name(s) and our trademarks may not be used in connection with any product or service that is not provided by us in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

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

Mobile Services

The Service may includes certain services that are available via your mobile phone, including (i) the ability to upload content to us via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to messages using text messaging (Mobile Texts), and (iii) the ability to browse from your mobile phone (collectively the “Mobile Services”). We do not intend to charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Notification of Claimed Copyright Infringement

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

By Mail: ADB Interests, LLC 5205 Broadway St #139 Pearland, TX 77581

By Email: support@fasciablaster.com

Other Terms

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

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

Ashley Black, Ashely Diana Black International Holdings, LLC and ADB Interests, LLC and subsidaries wholly disclaim responsibility for any and all adverse effects or consequences resulting directly or indirectly from the use or misuse of any of our product(s) or service(s).


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