TERMS OF USE

Welcome! You have arrived at a website and/or are otherwise interacting with our services, which is owned and operated by Carrara Treatment Wellness & Spa (“Company”).

1. Agreement to Terms of Use

These Terms of Service (“Terms” or “Agreement”) govern your use of our Website from any locations. It also applies to your use of all features, applications, content, downloads and/or other services we own and control and make available through this website, regardless of how you access or use it, whether via computer, mobile device or otherwise (collectively, the “Website”). By using the Website, you acknowledge and accept the Website’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy. By interacting with and/or using the Website, you signify your assent and agreement to these Terms. If you do not agree to these Terms, please do not use the Website.

This Agreement is divided into two parts.  Part One explains all of the terms that govern your use of the Services.  Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute.  To use the Services, you must accept all of the terms of this Agreement.

You should read these entire Terms; but here is a partial list of some of the terms that we want to bring to your initial attention in the event you are on a smart phone or other device with a small screen. Capitalized terms have the meanings given to them where defined in these Terms. Each time you use the website, the Terms below, and any applicable additional terms then posted apply, so you should check back each time you return for any updates.

2. Changes to Terms of Use

We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on our website (the “Website”). Any use of our Website or services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that was in place when the dispute arose.

PART 1. Terms Governing Use of the Website 

3. Emergencies

This website and our services (including the 24/7 telephone line that we offer) is not an emergency-response or emergency-monitoring service and any person who is aware of an emergency situation or believes that a person may be at risk of injury or death or who may harm themselves or another person should dial “911” or an appropriate emergency responder. company is under no obligation to monitor or respond to communications made to this website.

4. Age Limitations

This Website and our services are intended and only suitable for individuals 18 years of age and above. Some of the content on this website may not be appropriate for children. Children under the age of 13 are not permitted to use this website. We strongly recommend that children between the ages of 13 and 17 ask their parent’s or guardian’s permission before viewing our website. Company hereby disclaims all liability for use by individuals under the age of 18.

5. Information on this Website is Not Professional Advice; INFORMATION ONLY

All data, information, text, graphics, links, and other material on this website are provided as a convenience to our website visitors. The information provided on this website is for general informational and educational purposes only. The information provided on our website is not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom. Information provided on this website does not constitute the provision or practice of medical or professional health care advice or services. Also, the use of this website does not automatically entitle or guarantee you services of a licensed healthcare professional.

Company does not warrant that the information contained in this website is complete, accurate, current or reliable. Company makes no representations or warranties, express or implied. This information is not intended to be, nor should it be considered, professional medical or legal advice. You should contact your physician or other health professional for advice concerning a particular condition or concern.
You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on this website or other websites linked to or from it.

6. Carrara is under common ownership

In these Terms of Use and on this website we use the terms “Company,” “we,” “us,” or “our” to describe Carrara Treatment Wellness & Spa (“Company”). The Company is under common ownership with Carrara II, Carrara Beach House, 1 Method Corp. (also known as One Method Center, 1METHOD Treatment Center, 1METHOD Center), and Clean & Sober Media, LLC. These entities under common ownership are our affiliated entities.

7. Restricted Use

You may use this website only to the extent that you obey all laws, rules, and regulations applicable to your use of this website. Please do not share any Personal Information about another person, without the person’s consent.

8. Your Privacy

Upon acceptance of these Terms you confirm that you have read, understood, and accepted Company’s Online Privacy Policy.

9. Transactions

If you wish to purchase services described or linked to on the website (each such purchase, a “Transaction”), Company or the third-party provider of the service will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment and shipping information. You understand that, if any such information is provided to Company, then Company shall treat any such information in the manner described in our Online Privacy Policy. By supplying such information, you grant Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree to pay all charges incurred by you or any users of your membership account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. You shall also be responsible for paying any applicable taxes relating to your purchases. You represent and warrant that you have the legal right to use any credit card(s) or other payment mechanism used in connection with any transaction.

Descriptions or images of, or references to, products or services on the website do not imply Company’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Company’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Company is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to Company’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Current rates for any product or service available through the website may be obtained by sending an email to [email protected].

10. Monitoring

We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the website or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the website, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the website properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.

11. Copyright Notice

This website is owned and operated by Company. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the website and materials contained on the website are either owned by Company, are licensed to it, or are used with permission. Company and its licensors retain and reserve all proprietary rights to the contents of this website.

You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Company. You may link to, view, download, use, display and print a single copy of the materials found on this website only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Company or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © 2023. All rights reserved.” Any other use of the website or the information contained here is strictly prohibited. Company may terminate the above license at any time for any reason. If you breach any of these terms, your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.

12. Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this website infringes a valid copyright owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to: [email protected]

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.

13. Trademark Notice

Company names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Company. All rights are reserved. You are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing on the website are the property of their respective owners.

14. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

15. Pictures

It is the Company’s policy to obtain any required permission for use of the pictures included in this website. In the event a picture has been included for which permission was not granted, it is through inadvertence and the picture will be removed upon receipt of notice. Please submit such request at [email protected].

Part 2: Additional Legal Terms

1. Representation and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of this website will be in compliance with our Terms.

2. No Warranties

Use of this Website at your Own Risk.

To the maximum extent permitted by appliable law, the website and services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. no advice or information, whether oral or written, obtained by you from company or through this website will create any warranty not expressly stated herein. without limiting the foregoing, company, any affiliated company entity, their processors, providers, licensors (and their respective subsidiaries, affiliates, agents, directors, officers, employees, contractors, and representatives) (collectively “company parties”) do not warrant that the content is accurate, reliable or correct; that this website will meet your requirements; that this website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that this website is free of viruses or other harmful components. any content downloaded or otherwise obtained through the use of this website is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data that results from such download.

Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through this website or any hyperlinked website or service, or featured in any banner or other advertising, and company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

3. Indemnity

By visiting this website, you agree to indemnify, defend, and hold harmless company, and company parties from and against all claims, actions, demands, liabilities, judgments, settlements, costs, losses, damages, tax assessments, penalties, interest and expenses (including, without limitation, reasonable attorneys’ fees) arising out of any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this website, including, without limitation, any claims for defamation, violation of publicity or privacy, copyright or trademark infringement resulting from your submissions of any content, tagged content or other materials, any economic harm, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised company of the possibility of such claim.

4. Limitation of Liability and Damages

The user’s sole remedy for dissatisfaction with the website and any of its services is to stop using the website or service. you agree that under no circumstance shall any of company parties be liable for any damage resulting from your use or inability to use this website or the materials on this website. this protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. this protection covers all losses and claims of any type including, without limitation, direct or indirect, special, incidental, reliance, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption.

5. Disputes

If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact us at [email protected] with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Company, including Company Parties, are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Company including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Company advertising, and any use of Company services.

6. Binding Individual Arbitration

You and Company agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Any arbitration under this agreement will only be on an individual basis; class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted, and you are waiving your rights to have your case decided by a jury and to participate in a class action against company. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Los Angeles County, California, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Company will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Company also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.

7. Jurisdiction

Information provided on Company’s website is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.

This website is a service provided by Company and does not constitute any contact with any jurisdiction outside the State of California. Use of this website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the website illegal. Users in such jurisdictions visit and use this website entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive remedy provisions and the warranty disclaimers.

This Agreement is entered into and performed in the State of California, United States of America. It is governed by and shall be construed under the laws of California, exclusive of any choice of law or conflict of law provisions.

8. Requests for Information

If you contact Company and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Online Privacy Policy.

9. Limitation on Time to Initiate a Dispute

Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

10. Links to Other Websites

Company website may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by Company. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in these Terms. Company expressly disclaims any liability for these websites. Please remember that when you use a link to go from our website to another website, our Online Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies.

11. Downloadable Files and Email

Company cannot and does not guarantee or warrant that email or files available for downloading from its website will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Company does not assume any responsibility or risk for damage to your computer or its files related to your use of the website or Services.

12. Notice for California Users

If you have a question or complaint regarding the Services provided to you by Company please contact us at [email protected] to receive further information regarding the services or to resolve the complaint. You may also contact the Department of Health Care Services
Licensing and Certification Division, P.O. Box 997413, MS 2601, Sacramento, CA 95899-7413 Toll Free (877) 685-8333, Fax: (916) 440-5094, E-mail: [email protected].

13. Assignment

You may not assign any rights or obligations under this Agreement without Company’s prior written consent. Company may assign all or part of this Agreement.

14. Survival

All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including, but not limited to, indemnity and limitation of liability clauses, shall survive.

15. Waiver

No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

16. Notices

You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.

17. Severability

If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.

18. Entire Agreement; Amendment

This Agreement constitutes the entire agreement between you and Company applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.

19. Conflicting Terms

Anything on the website inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.

20. Contact Information

Please contact us with any questions or concerns regarding this Agreement at: [email protected].