TERMS AND CONDITIONS
Effective Date: Last update July 27, 2020
We are providing Visitor with information about our 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.
DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITIES
EXCEPT AS OTHERWISE SET FORTH ON THIS SITE, INCLUDING WITHOUT LIMITATION, THE PRODUCT DESCRIPTIONS, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS-IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OF THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW.
ASHLEY BLACK, ASHLEY DIANA BLACK INTERNATIONAL HOLDINGS, LLC AND ADB INTERESTS, LLC, AFFILIATED COMPANIES AND SUBSIDIARIES 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).WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE ,QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS, WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO US FOR ANY PRODUCT GIVING RISE TO OUR LIABILITY. 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.
YOU ACKNOWLEDGE AND WAIVE ANY AND ALL LIABILITY, (WHETHER IN CONTRACT OR IN TORT, AND FOR ANY INJURY, ILLNESS, REACTION, ALLERGIC REACTION, OR LACK OF RESULTS WHILE USING OUR PRODUCTS OR SERVICES IN THE PRESENT OR FUTURE IN PERPETUITY) OF US AND ANY OF OUR PARENTS, SUBSIDIARIES, ASSOCIATED OR AFFILIATED ENTITIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR ASSIGNS.
YOU REPRESENT AND AGREE THAT WHERE PERMITTED BY APPLICABLE LAW, YOU WILL BRING ANY CLAIMS AGAINST THE US ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PART OF OR CLASS MEMBER IN A PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS WE BOTH AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THIRD PARTIES: CERTAIN CONTENT, PRODUCTS AND SERVICES MAY INCLUDE MATERIALS FROM THIRD-PARTIES.
THIRD-PARTY LINKS ON THIS SITE MAY DIRECT YOU TO THIRD-PARTY WEBSITES THAT ARE NOT AFFILIATED WITH US. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY AND WE DO NOT WARRANT AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD-PARTIES.
WE ARE NOT LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE PURCHASE OR USE OF GOODS, SERVICES, RESOURCES, CONTENT, OR ANY OTHER TRANSACTIONS MADE IN CONNECTION WITH ANY THIRD-PARTY WEBSITES. PLEASE REVIEW CAREFULLY THE THIRD-PARTY’S POLICIES AND PRACTICES AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU ENGAGE IN ANY TRANSACTION. COMPLAINTS, CLAIMS, CONCERNS, OR QUESTIONS REGARDING THIRD-PARTY PRODUCTS SHOULD BE DIRECTED TO THE THIRD-PARTY.
THE RIGHTS AND OBLIGATIONS, CLAIMS OR CONTROVERSIES DIRECT OR INDIRECT BASED UPON OR ARISING OUT OF ANY MATTER WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY), INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY AND PERFORMANCE, SHALL IN ALL RESPECTS BE GOVERNED BY AND INTERPRETED, CONSTRUED, AND DETERMINED IN ACCORDANCE WITH, THE APPLICABLE PROVISIONS OF THE INTERNAL LAWS OF THE STATE OF TEXAS (EXCEPTING THE CHOICE OF LAW RULES OF SUCH STATE).
You agree that any dispute you bring will be settled by binding arbitration in accordance with commercial arbitration rules of the American Arbitration Association (“AAA”) and such arbitration shall take place in Harris County, Texas. You waive any objection based on venue or forum non conveniens with respect to any arbitration instituted therein. The decision of the arbitrators shall be final and conclusive, and you waive the right to trial de novo or appeal, excepting only for the purpose of confirming the arbitrators’ decision, for which purpose you agree shall take place in Harris County, Texas. Arbitration shall be conducted in English by a panel of three arbitrators mutually agreed upon by the parties or, if the parties cannot so agree, then as selected in accordance with the commercial arbitration rules of the AAA; provided, however, that in any event each arbitrator shall be a retired judge or justice residing in Texas with no less than five years of experience presiding over civil matters. IN THE EVENT ANY DISPUTE IS FOUND NOT TO BE SUBJECT TO ARBITRATION, YOU HEREBY AGREE AND CONSENT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN HARRIS COUNTY, TEXAS AND WAIVE ANY OBJECTION BASED ON VENUE OR FORUM NON CONVENIENS WITH RESPECT TO ANY ACTION INSTITUTED THEREIN, and YOU KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT YOU HAVE UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE
You agree 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 your use of the website, our products or services, the violation of this Agreement, or infringement by you, or another user using your computer or account, of any intellectual property or any other right of any person or entity.
Assumption of Risk, Warnings
YOU UNDERSTAND THAT:
Our products, currently under the brand names FasciaBlaster®, or any other trade names, are registered with the US Food and Drug Administration as 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 use, including but not limited to the following:
For veins use at your own risk.
DO NOT USE the FasciaBlaster® line of products if you have a history of or may have blood clots.
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 USE the FasciaBlaster® line of products if you are unwilling to bruise, as bruising is to be expected. You acknowledge you are responsible for the depth and pressure of use of the FasciaBlaster® line of products and of our other products or services during self-use.
DO NOT USE the FasciaBlaster line of products if you have any injuries, pre-existing health concerns or diagnosed medical conditions without first consulting your trusted health care provider.
If you are pregnant, DO NOT USE the FasciaBlaster® line of products or 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 during pregnancy.
Some users have reported atypical occurrences such as dizziness, diarrhea, nausea, rash, acne, headache, flu-like symptoms, cough, congestion, increased urination, fatigue. While no causation has been established, if you are concerned about any atypical effects you are experiencing, please see your healthcare provider. Please refer your provider to our website so they can understand more about our products.
Our products and services are intended for SELF-USE. You acknowledge that, if you are a practitioner of any type and choose to use any of our product(s) or service(s) on another individual, you are subject to my your state laws and other standards of practice and will practice within my your professional scope and authority.
You understand that 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 healthcare provider or other licensed or certified professional.
Canceling / Amending orders:
Orders cannot be canceled or amended once check-out has been completed. After receipt of the product(s), please contact support to setup a return.
This return policy applies only to those products you purchase directly from our official websites or the Ashley Black Guru seller on Amazon. Any returns, exchanges, defective products or other issues related to purchase of our product through any third party source, including but not limited to other websites, distributors or other Amazon sellers, must be handled through the third party. Please be sure you are aware of their policies prior to purchase.
Worldwide Return Policy:
Customers are eligible for a 1,000 day money-back guarantee when they’ve purchased any of the following products from the FasciaBlaster.com or AshleyBlackGuru.com sites: the FasciaBlaster®, MasterBlaster™, FaceBlaster™, BigDaddy Blaster™, Party Blaster™, Paddle Blaster™, Mini1™, Mini2™ 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. You understand and agree that 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 allergy issues potentially related to the use of the products, please contact support@FasciaBlaster.com to 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 products: the FasciaBlaster®, MasterBlaster™, FaceBlaster™, BigDaddy Blaster™, Party Blaster™, PaddleBlaster, Mini1, Mini2, or Nugget for up to thirty (30) days from the date of purchase. Please inspect upon receipt. After thirty (30) days, you’ll be eligible to receive a replacement under our 1,000 day Worldwide return policy, but will be responsible for all related shipping and handling. You will be required to provide proof of purchase, proof of defect and/or return of the defective product(s) to determine your eligibility for a replacement.
EXTENDERS: Manufacturer provides a 1000 Day limited parts warranty for Extenders from the date of purchase. This warranty extends to all defective parts. Under this warranty, you, are entitled to replacement parts at no cost to repair and restore functionality if any part of the product were to fail. Shipping for parts is free under the warranty period. Customer must provide images of damage and we may require that the damaged part be returned. This parts warranty is void if damage is due to accident, modification, improper use, intentional misuse or abuse, the failure to follow manufacturer’s instructions, or if the product is being used for purposes other than that which manufacturer intended. Purchaser assumes all risks and liabilities arising from accident, modification, the misuse or abuse of the product or the failure to follow manufacturer’s instructions. This warranty applies only to the normal use of the Product. Typical wear and tear related to product use are not covered.
YOGA BALL: Manufacturer provides a 1,000 Day manufacturer’s warranty against defects in materials and workmanship for yoga balls from the date of purchase. Manufacturer will replace the defective item with a functionally equivalent new product. Shipping is free under the warranty period. Customer must provide images of damage and we may require that the damaged part be returned. This warranty is void if damage is due to accident, modification, improper use, intentional misuse or abuse, the failure to follow manufacturer’s instructions, or if the product is being used for purposes other than that which manufacturer intended. Purchaser assumes all risks and liabilities arising from accident, modification, the misuse or abuse of the product or the failure to follow manufacturer’s instructions. This warranty applies only to the normal use of the Product. Typical wear and tear related to product use are not covered.
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 other sales are final and non-refundable.
You are eligible to exchange your apparel purchase for a different size of the same product within fourteen (14) days from the date of purchase (subject to availability). All shipping and handling is your responsibility.
You are eligible for a replacement of manufacturer defective apparel for fourteen (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. Wearer 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 you. Please contact the carriers to address issues in this regard.
Member Account, Password and Security
During the account 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;; (b) maintain the security of your password and identification; (c) maintain and promptly update any information you provide to us, 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.”
Modifications and Interruption to Service
We reserve the right to modify or discontinue the website, products or services with or without notice at any time. We shall not be liable to you or any third party should we exercise our rights.. You acknowledge and accept 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.
We do not warrant that information posted on social media channels is complete, reliable, useful or otherwise accurate. Do not rely solely on the information presented on those social media platforms for advice. Further, we neither create nor control opinions or statements expressed by others within social media channels, including those that Follow, Like, re-Tweet, re-post or otherwise share our content, nor does any similar action undertaken by us concerning another user’s content constitute an endorsement of that user. You understand that all information, data, text, photographs, graphics, messages or other material present and viewable on the social media channels is the sole responsibility of the person from which such content originated. We do not bear any risks or liabilities.
For content that you upload, post, e-mail, transmit or otherwise affiliate, content must, in its entirety, comply with all applicable laws and regulations. Unless specifically stated otherwise, any content is and will be treated as nonconfidential and nonproprietary and we shall have the royalty free, worldwide perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit ,adapt, create derivate works by any means and in any form and to translate, modify, reverse engineer, disassemble or deconstruct such submissions. All submissions shall automatically become our sole and exclusive property.
In addition to the rights applicable to any submission, when you post comments or reviews, you also grant us the right to use the name you submit with any review or comment and any content in connection with such review comment or content. You represent and warrant that you own or control all of the rights to the reviews, comments and other content you post and that use of same by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions or content. We may, but shall not be obligated to remove or edit any submissions for any reason.
No Unlawful or Prohibited Use
You represent and warrant to us that you will not act in any manner or for any purpose that violates applicable state, federal or international laws, regulations or other governmental requirements. or is 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.
You agree not 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 another’s 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.
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 ADB Interests, LLC and affiliated 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.
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 us 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 2014-2019, ADB Interests, LLC and/or our affiliated companies . 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.
Our company name(s), trademarks and other proprietary marks or information 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.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, we designate the following individual as our agent for receipt of notifications of claimed copyright infringement:
By Mail: ADB Interests, LLC 5205 Broadway St #139 Pearland, TX 77581
By Email: firstname.lastname@example.org
The Service may include 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 our website(s) 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.
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.