Terms of Use

This Agreement was last revised on August 22, 2025.

Welcome to 111skinspa.com, a website and online service owned and operated by Trilogy Spa Holdings, LLC, an Arizona limited liability company (“TSH”, “Company”, “we,” or “us”), concerning the operations of, and spa treatments and wellness offerings available at, our location 111SKIN SPA/CLINIC at The Plaza Hotel in New York City, New York (the “Spa”). This page explains the terms by which you may use our Service. By accessing or using TSH services, website (including all areas of the site), applications and software provided online and made available offline through or in connection with the service[, including through a mobile device] (collectively, the “Service”), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (the “Agreement” or “Terms of Use”). By using the Service you agree to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

1. Use of Our Service.

  1. Overview. The Service is a place for Users to learn about Spa services and offerings. Users may book appointments at the Spa via a third-party booking engine linked to the Service. Additionally, Users can contact us with general inquires. Our focus on health and wellness enables Users to experience our unique offerings at the Spa. By enabling Users to find, view, and learn about our health and wellness offerings, including massage, steam room, cold plunge, sauna, facials, manicures, pedicures, cosmetic services, scrubs, and treatments (collectively, “Spa Activities”), TSH’s goal is to generate a community of Users enthusiastic about experiencing our wellness offerings at the Spa, whether as a consumer for the first time, as a repeat customer, or to become a business partner, consumer, contributor, employee or contractor.

TSH grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; (iii) you acknowledge, accept and agree that there are certain health and safety risks involved in utilizing our content and/or visiting our Spa facility, and that you accept such risks, (iv) prior to participating in any of our spa and wellness offerings, you agree to immediately stop your participation if you think anything is unsafe; and (v) you will otherwise comply with the terms and conditions of this Agreement.

b. Eligibility. Use of the Service is void where prohibited. This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. TSH may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are over 13 years of age and under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT FOR YOUR CHILD WHO IS 13 YEARS OF AGE OR OLDER TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO, THROUGH, AND IN CONNECTION WITH SUCH USE BY YOUR CHILD.

  1. Health and Safety Risks.

Please read the following section carefully as it discusses important risks to your health and safety, as well as your acceptance and assumption of those risks. BY ACCESSING THE SERVICE, AND BY SCHEDULING OR PARTICIPATING IN ANY SPA ACTIVITIES, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE AS FOLLOWS:

  1. Injury Risk from Physical Activity. You acknowledge that participation in physical activity and treatments involves the risk of injury. Such risk is inherent to physical activity, and specific and significant injury risks to you include but are not limited to: injuries resulting from overexertion, physical adjustment, failure to follow personnel instructions, injuries resulting from participation in an inappropriate level of physical activity, paralysis and possibly death. You should discontinue physical activity in cases where it causes pain or severe discomfort and should consult a medical expert prior to returning to physical activity in such cases. Your use of the Service and participation in any or all Spa Activities may involve strenuous physical activity that is potentially hazardous and dangerous and may involve significant physical and emotional stress and exertion. The Service and participation in any or all Spa Activities is intended for use only by individuals healthy enough to perform strenuous exercise, including strength, flexibility, speed and endurance-based physical activities. YOUR USE OF THE SERVICE AND PERFORMANCE OF ANY AND ALL SPA ACTIVITIES DURING USE OF OR IN CONNECTION WITH THE SERVICE, INCLUDING AS MAY BE RECOMMENDED BY THE SERVICE, IS WHOLLY AT YOUR OWN RISK, AND YOU HEREBY AGREE TO EXPRESSLY ASSUME AND ACCEPT ANY AND ALL KNOWN AND UNKNOWN RISKS AND RESPONSIBILITY OF INJURY, PHYSICAL HARM OR DEATH ARSING FROM YOUR USE OF THE SERVICE AND PARTICIPATION IN ANY OR ALL SPA ACTIVITIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  1. Your Personal Health Representations and Warranties to use the Service and participate in Spa Activities. You represent, warrant, and covenant that all of the following are true and correct: (i) you are of sound mind and body and do not suffer from any illness, impairment, disease or other condition that would prevent you from safely using the Service and participating in the Spa Activities; (ii) no physician, general practitioner or other medical care provider has ever informed you that you have a heart condition, have high blood pressure, or that you should only do physical activities recommended by a physician or general practitioner; (iii) you do not have a medical, physical or mental condition that would prevent you from properly and safely using the Service and participating in the Spa Activities or put you in any physical or medical danger as a result of participating in the Service and Spa Activities; (iv) you agree to follow the recommendations of medical professionals regarding engaging in physical activity; (v) you are not pregnant, breastfeeding or lactating; and (vi) you do not know of any other reason you should not, or are limited with respect to, physical activity. If any of the foregoing statements ceases to be true at any time, you acknowledge and agree that you must cease using the Service and participating in the Spa Activities until you specifically consult with your physician regarding your use of the Service and participating in the Spa Activities and your physician approves your resumption of Service use and Spa Activities.
  1. Term and Termination. This Agreement shall remain in full force and effect while you use the Service.

TSH may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in TSH’s sole determination, you violate any of terms of this Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with an email address that is not rightfully yours.

  1. Communications
    1. Email Address. When you sign up to schedule an appointment at the Spa for Spa Activities, to receive our newsletter, or if you fill out our “Contact Us” form, you will be asked to supply your email address. You agree that the email address you submit is your own, and you agree not to use the email address of another person at any time. You agree to notify TSH immediately if you suspect any unauthorized use of your email address by TSH. Although TSH will not be liable for your losses caused by any unauthorized use of your email address, you shall be liable for the losses of TSH or others due to such unauthorized use.

b. Communications and Notifications. By providing TSH with your email address, you consent to our use of the email address to send you Service-related notices, including, among other things, notices required by law, in lieu of postal mail. We may also use your email address to send you other messages, including changes to Spa features, marketing messages, and special offers. If you do not want to receive such email messages, you may opt out by clicking on the “unsubscribe” link at the bottom of the email, sending us an email at contact@111skinspa.com or by sending mail to the following postal address:

111SKIN SPA/CLINIC

c/o Trilogy Spa Holdings

5141 N. 40th Street, Suite 300

Phoenix, AZ 85018

Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

  1. Accounts. You will need to register with TSH and create a user account via direct registration on the Service if you wish to schedule Spa Activities. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may use your account settings to control your account profile.
  1. Password and Email. When you sign up to become a registered user, you will also be asked to choose an access password and supply your email address. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another registered user at any time or to disclose your password to any third party. You agree to notify TSH immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account, and the activity that occurs on your account, and you must keep your account password secure. You must notify TSH immediately of any breach of security or unauthorized use of your account. Although TSH will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of TSH or others due to such unauthorized use.
  1. Requirements. Accounts are limited to one account per person. When creating your account, you must provide accurate and complete information. It is a condition of your use of the Service as a registered user that all the information you provide on the Service is correct, current, and complete. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. Additionally, you may not impersonate someone else (e.g., adopt the identity of a co-worker). You may never use another account without permission from TSH. Although TSH will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of TSH or others due to such unauthorized use.
  1. Conditions of Use.
  1. Personal Use. The Service is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or expressly approved in writing by TSH. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the TSH servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Illegal and/or unauthorized use of the TSH Service, including collecting and/or harvesting personally identifiable information, including usernames and/or email addresses of Users, by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the website is prohibited. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages. Appropriate legal action will be taken for any illegal or unauthorized use of the TSH Service.
  1. Restrictions. Other than as expressly permitted under these Terms of Use, you may not (i) download, publish, perform, display, distribute, copy, imitate, mirror, reproduce, post, transmit, modify, adapt, edit, create derivative works from, transfer, sell, license, rent or otherwise exploit or make commercial use of the Service or any element thereof (including any content, software, code, data or materials used in or available on the Service) or (ii) translate, reverse engineer, decompile, decrypt, disassemble, or convert into human readable form the Service or any element thereof (including any content, software, code, data or materials used in or available on the Service) not intended to be so read (this includes using or directly viewing the underlying code from the Service except as interpreted and displayed in a web browser for our Website or via a mobile device for our applications).
  1. Compliance. As a condition of your access to and use of the Services, you agree that you will not use the Services or any element thereof for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by these Terms of Use, or any other purpose not permitted under these Terms of Use. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Services from a jurisdiction where such access or use illegal or unauthorized. By way of example, and not limitation, you agree that while using the Services and the various services and features offered on or through the Services, you shall not:
  1. impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;

 

  1. reveal any personal information about another individual, including another person’s name, address, phone number, electronic mail address, government identification number, credit card information or any other information that could be used to track, contact or impersonate that person;

 

  1. insert your own or a third party’s advertising, branding or other promotional content into any of the any services, content, functions, information, materials, courses, Content, or programming available through the Services; use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or otherwise engage in unauthorized or unsolicited advertising or marketing;

 

  1. engage in data mining, spidering, “screen scraping,” “database scraping,” harvesting of catalogue information, e-mail addresses, IP addresses or other contact or personal information, or any other automatic means of obtaining information from or through the Services or the services offered on or through the Services;

 

  1. obtain or attempt to obtain unauthorized access to computer systems, materials, content, data or information that is not intentionally made publicly available by TSH through any means, including through password mining;

 

  1. use the Service or any services, content, functions, information, materials, courses, Content, or programming available through the Services in violation of the intellectual property or other proprietary or legal rights of TSH or any third party;

 

  1. frame or link to the Service without our express written permission or as otherwise expressly permitted pursuant to Section 9 below;

 

  1. use the Service or any services, content, functions, information, materials, courses, Content, or programming available through the Services for purposes of money laundering, shill bidding, bribery, corruption, terrorism, tax crimes, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information;

 

  1. engage in activities, or use the Service or any services, content, functions, information, materials, courses, Content, or programming available through the Service, in a manner that could damage, disable, overburden, or impair the Service or our (or our third-party service providers’) computing, storage or communications infrastructure, or interfere with any other party’s use and enjoyment of the Service;

 

  1. use or deploy any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, disenable or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of TSH or any third party; or
  1. attempt (or encourage or enable anyone else’s attempt) to engage in any of the foregoing prohibited activities or otherwise alter or interfere with the Service or any services, content, functions, information, materials, courses, Content, or programming available through the Service.
  1. Billing and Payments.
  1. General.

You acknowledge that TSH may charge a fee for the use of any services, provided that TSH notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you. User agrees to pay for all purchases ordered through the Website using the payment method indicated and provides TSH’s third party scheduler and payment processor Booker, a division of Mindbody Inc., a Delaware corporation (“Booker”) express authorization to charge said fees to the User’s payment provider at time of purchase. Fees owed depend on the specific type and quantity of Company products, services, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, TSH may immediately cease to provide any and all Deliverables to the User.

It is the User’s responsibility to promptly provide Booker and/or its payment card fulfillment partner Mercury Payment Systems, a division of Worldpay Inc. (fka Vantiv Inc.), a Delaware corporation, with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). For purchases, Booker does not validate all credit card information required by the User’s payment provider to secure payment.

Fees may be charged, fulfilled, and processed by Booker (and its fulfillment partner), an authorized third-party provider of TSH. Any refunds, charge-backs, returns or product substitutions will be subject to TSH’s sole and absolute discretion. TSH does not store or retain your credit card information; such payment fulfillment functions are performed by our third-party service provider, and your submission of your information to such provider is subject to the online policies of such provider which processed your order.

All sales are final, non-cancelable and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion.

  1. Prices. All pricing is in United States dollars. Prices are current at the time of publication and are subject to change without notice.
  1. Order Confirmation. Booker may send a summary of your purchase to the email address you provided via our Service.  You should receive a confirmation after concluding your transaction. If you do not receive a confirmation, if you receive an error message, or if you discover an error in the information provided, contact customer service immediately at contact@111skinspa.comto ensure your transaction was completed and that your information is correct. TSH cannot be responsible for transactions that were not completed or for assumptions that a transaction was completed even though you did not receive a confirmation. Information sent to the email address you provide will be deemed to be delivered to you, regardless whether you check your email, provide an incorrect address, or if the message is marked as “junk” or “spam.”
  1. Discrepancies. The User must notify TSH about any billing problems or discrepancies within sixty (60) days after charges are incurred. If it is not brought to TSH’s attention within 60 days, User agrees to waive their right to dispute such problems or discrepancies.
  1. Taxes. User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the User’s purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company and Booker reserve the right to collect such taxes or other fees from you at any time.
  1. License Grant.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. TSH reserves all rights not expressly granted herein in the Service and the Content (as defined below). TSH may terminate this license at any time for any reason or no reason.

  1. Proprietary Rights.
  1. Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
  1. Content. Except for User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Content”), and all Intellectual Property Rights related thereto, are the exclusive property of or licensed to TSH and our affiliates. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
  1. Ideas and Comments. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place TSH under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, TSH does not waive any rights to use similar or related ideas previously known to TSH, or developed by its employees, or obtained from sources other than you.
  1. Trademarks. Trilogy Spa Holdings, Trilogy, SpaWell, Well & Being, and other Service graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Trilogy Spa Holdings, LLC, an Arizona limited liability company, and/or its licensors and affiliates. TSH’s trademarks and trade dress may not be used in connection with any product or service that is not TSH’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TSH. 111SKIN, and 111SKIN Harley St. London are trademarks of 111 Skin Ltd., a United Kingdom limited company, and/or its licensors and affiliates, are utilized by TSH under license. All other trademarks not owned by TSH that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, licensors of, licensees of, or sponsored by TSH, or whose marks are otherwise utilized for informational purposes as locations where we offer our spa services. Such trademarks include the following: The Plaza Hotel, and The Plaza New York, are trademarks of Plaza LLC, an affiliate of Accor Management US, Inc., a Delaware corporation; Fairmont is a registered trademark of Accor Management US, Inc., a Delaware corporation.
  1. User Content and User Content Responsibility.
  1. User Content. Some areas of the Service may allow Users to post feedback, comments, questions, data, text, images, photos, video, sounds, musical works, works of authorship, materials and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. TSH will not review, share, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law. All such User Content is owned by the User who posted it to the Service. TSH does not have, nor does it claim, any ownership rights in any User Content.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined above), rights of publicity and privacy. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

  1. Responsibility for User Content. TSH takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. In the event that you elect to download User Content, TSH recommends that you only download or access files from a trusted source and implement security measures to scan downloaded files for contaminants. TSH disclaims any responsibility or liability relating to your access to or downloading of User Content. TSH is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that TSH shall not be liable for any damages you allege to incur as a result of such User Content.
  1. User Content License. By submitting User Content to the Service, you hereby grant TSH and our affiliates and service providers and each of their and our respective licensees, successors and assigns a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Content in connection with the Service and TSH’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms of Use. The above licenses granted by you in User Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that TSH may retain, but not display, distribute or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
  1. Additional Representations and Warranties. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following: (i) You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; and (ii) Your User Content and TSH’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
  1. Informational Purpose. The Service, and the Content therein, is for informational purposes only. All Content is subject to modification, change and/or being withdrawn at any time in the sole discretion of TSH and its affiliates. Reliance on any information provided by TSH, TSH employees, others appearing on the Service at the invitation of TSH, or other visitors to the Service is solely at your own risk and is not medical or healthcare advice.
  1. No Reliance; Not Medical Advice. This site is meant to be used as a means to learn about various wellness regimens, and as an overview of our spa and wellness offerings available at our Spa, each and all of which may or may not be suitable for you. In no way should the Content contained in the Service be relied upon, or be a substitute for, professional medical advice, diagnosis, or treatment, and is not intended to replace the relationship between you and your medical provider. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or change in health. Never disregard professional medical advice or delay in seeking it because of something you have read or viewed on or through the TSH Service! Instructions or guidance provided on our Service is not a substitute for listening to your own body. Reliance on any information provided by TSH, TSH employees, others appearing on the Service at the invitation of TSH, or other visitors to the Service is solely at your own risk.

We are not a licensed medical care provider and have no expertise in diagnosing, examining, preventing, or treating medical conditions of any kind, or in determining the effect of any food, spa treatment, body treatment, massage, facial, or physical activity on a medical condition. You should always consult a physician before changing your diet, fitness regimen, type of physical activity, utilizing a spa, or obtaining physical treatments of any kind. Certain foods, exercises, treatments, and activities may not be suitable for you. You should consult with your physician before following any instructions you receive through the Service or participating in any activity available on or through the Service. Not all activities described on the Service are suitable for everyone. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

  1. Benefits.No federal, state or other agency has judged the merits or the value of the Content. Past performance of participants in exercises, fitness routines or regimens, spa treatments, massages, facials, or similar activities does not guarantee and is not indicative of future results.
  1. Facility Descriptions. All descriptions of buildings, facilities, or improvements are for illustrative purposes only.
  1. Depictions. The photographs contained in this website may be stock photography or may have been taken off-site from our Spa. Such photographs are used in this website to depict the aspirational spirit of the lifestyles to be achieved rather than any that may exist or that may be proposed and are merely intended as illustrations of the activities and concepts depicted therein.
  1. DMCA Copyright Policy. You may not post, modify, distribute, or reproduce in any way, any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of TSH to terminate privileges of any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to TSH by the copyright owner or the copyright owner’s legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on the TSH Service in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the TSH Service; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please provide this information to:

111SKIN SPA/CLINIC

c/o Trilogy Spa Holdings

5141 N. 40th Street, Suite 300

Phoenix, AZ 85018

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying TSH and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with TSH’s rights and obligations under the Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, TSH has adopted a policy of terminating, in appropriate circumstances and at TSH’s sole discretion, Users who are deemed to be repeat infringers. TSH may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice to TSH’s copyright agent containing the following information: (i) your physical or electronic signature; (ii) identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Phoenix, Arizona and a statement that you will accept service of process from the person who provided notice of the alleged infringement.

If a counter-notice is received by TSH’s copyright agent, TSH may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider or User, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in TSH’s sole discretion.

  1. Mobile Use

Though you may access the Service via a mobile device, TSH shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of TSH such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.

  1. Privacy

We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

  1. Security

TSH has implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content 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 and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

  1. Third-Party Websites, Advertisers or Services.

Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that TSH shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Similarly, to the extent there are links to third party products or services contained in the Content on the Service, Your resultant dealings with such third party providers which you find on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such providers, and You agree that TSH shall not be responsible for any loss or damage of any sort relating to your dealings with such providers.

  1. Violations.
  1. Investigations. We may investigate any potential or suspected violations of this Agreement, additional policies, security protocols or best practices, third party rights, applicable law, any actions or any other misconduct or potential abuse on or through the Service, as well as any attempted actions concerning any or all of the foregoing. When assessing whether and which measure(s) to take against a User, we will take the legitimate interests of the User into account and shall, in particular, consider if the user is responsible for the misconduct.
  1. Remedies. We may take any actions we deem appropriate in our reasonable discretion for the conduct described in Section 17a. Without limiting other remedies, these actions may include: limiting, or temporarily or permanently suspending, or terminate our services; restrict or prohibit access to, and your activities on, our Site and/or Service; remove listings; require you to edit listings; cancel sales; delay or remove User Content; withhold payments; charge you for amounts you owe or costs we incur due to your misconduct (including, without limitation, any costs associated with collection or chargebacks, and any replacement costs, and any related legal fees we incur in connection with the foregoing), and take technical and legal steps to keep you from using our Site and/or Services.
  1. Reporting. We reserve the right to report any activity that we believe to be illegal or otherwise in contravention of this Agreement and we will respond to any verified requests relating to a criminal investigation (i.e. a subpoena, court order or substantially similar legal procedure) from law enforcement or regulatory agencies, other government officials or authorized third-parties.
  1. Indemnity.

You agree to defend, indemnify and hold harmless TSH and its subsidiaries, agents, and other affiliated companies, and the employees, contractors, agents, officers and directors of each, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any Content therein and any data transmitted or received by you; (ii) your purchase or use of any products through the Service; (iii) your placement or transmission of any message, content, information, software or other materials through the Service; (iii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (v) your violation of any law, rule or regulation of the United States or any other country; (vi) any claim or damages that arise as a result of your User Content or any information that is submitted by you or via your account; (vii) any claim or penalty from a taxing authority related to your activities on the Service; or (viii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

  1. No Warranty.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS 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. WITHOUT LIMITING THE FOREGOING, TSH, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

THE TSH SERVICE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY TSH. TSH HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. YOU EXPRESSLY RELIEVE TSH FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES.

TSH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH TSH SERVICE AND TSH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TSH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TSH IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL TSH BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TSH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, INCLUDING DEATH, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, INCLUDING VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE SERVICE, OR OTHERWISE IN CONNECTION WITH THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY AND ALL RISKS AND RESPONSIBILITY OF INJURY, PHYSICAL HARM OR DEATH ARISING IN CONNECTION WITH ANY EQUIPMENT. IN NO EVENT SHALL TSH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TSH HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  1. Disputes.
  1. Informal Resolution. If a dispute arises between You and TSH, you agree to first provide TSH with notice of your complaint via email to contact@111skinspa.com so that the parties may attempt to resolve the dispute informally within sixty (60) days from the date your complaint is received.
  1. Applicable Law and Venue. Except as otherwise provided herein, You and TSH each agree that these Terms of Use and the relationship between the parties shall be governed by, construed, and enforced in accordance with the laws of the State of Arizona without regard to its conflict of law provisions. Except as provided below, You and TSH agree to submit to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona, including for any action seeking to compel arbitration or vacate an arbitral award, and consent to the personal jurisdiction of such courts. The parties agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
  1. Arbitration Agreement.

(1) Arbitration.

With the exception of class actions, small claims court filings, or actions for preliminary injunctive relief (as further discussed below), any other dispute of any kind between you and TSH arising under this Agreement or in connection with your use of the Service (“Dispute(s)”), if unresolved through the informal process outlined above, will be resolved by binding arbitration in Maricopa County, Arizona. If you are an individual consumer using the Service primarily for personal reasons (“Individual Consumer”), as opposed to an individual accessing the Service for business purposes, and you are located within the United States, you may alternatively select your state of residence as the place of arbitration, but all other actions remain subject to the venue and choice of law provisions in Section 21(b).

The arbitrator presiding over a Dispute will be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and will follow Arizona law, exclusive of conflict or choice of law rules, in adjudicating the dispute. BY AGREEING TO ARBITRATE, YOU WAIVE ANY RIGHT YOU HAVE TO A COURT OR JURY TRIAL.

The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act.

The parties agree that the arbitrator presiding over a Dispute will be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties. The parties also agree that they will follow JAMS’ streamlined arbitration rules and procedures then in effect in arbitrating any Dispute, except to the extent that the JAMS rules are inconsistent with this Section 21(c) including the class action waiver described below. The JAMS rules are available at www.jamsadr.com.

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable, or whether a claim is subject to arbitration. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity, other than class relief. The arbitrator’s award will be written, and binding, on the parties and may be entered as a judgment in any court of competent jurisdiction. If you are an Individual Consumer, TSH will pay all arbitration administrative fees and fees for the arbitrator’s services, other than the $250 filing fee required for you to initiate a claim.

If you are an Individual Consumer and the claim you wish to assert against us is for less than $10,000 then, at your election, (i) the arbitration may proceed in-person, by telephone, or by written briefs or (ii) you may in lieu of arbitration bring your claim in small claims court. If either party files a claim in state or federal court that is required by these Terms of Use to have been brought to arbitration, then the other party will be entitled to such party’s reasonable attorneys’ fees incurred in successfully compelling arbitration.

Both parties reserve the right to seek a preliminary injunction or temporary restraining order from a federal or state court located in Maricopa County, Arizona. However, after such request for relief has been adjudicated by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein.

(2) Class Action Waiver.

YOU AND TSH AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT ANY CLAIMS BROUGHT UNDER THESE TERMS OF USE OR IN CONNECTION WITH THE SERVICE MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The parties further agree that they will not participate in any class action (existing or future) brought by any third party arising under this Agreement or in connection with the Service. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration hereunder can proceed on a class-wide basis, then such class action is not subject to arbitration and must be litigated in state or federal court in Maricopa County, Arizona.

(3) Opt-Out.

IF YOU ARE A NEW USER OF THE SERVICE, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO contact@111skinspa.com (“OPT-OUT NOTICE”) OR VIA U.S. MAIL TO: 111SKIN SPA/CLINIC, C/O TRILOGY SPA HOLDINGS, ATTN: ARBITRATION OPT-OUT, 5141 N. 40TH STREET, SUITE 300, PHOENIX, AZ 85018. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW USER OF THE SERVICE, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.

In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your User account(s) to which the opt-out applies, and the date you started using the Service to: contact@111skinspa.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

  1. Availability and Use Outside of the United States.

The Service is controlled, offered and operated from facilities in the United States. TSH makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals located in the United States. Notwithstanding the foregoing, TSH retains all rights, including all Intellectual Property Rights, to the Service and the Content therein, throughout the world.

  1. Notification Procedures.

TSH may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by TSH in our sole discretion. TSH reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

  1. Notice to California Users.

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

  1. General.

a. Entire Agreement. This Agreement, together with any other legal notices and agreements published by TSH via the Service, shall constitute the entire agreement between you and TSH concerning the Service.

b. No Waiver. TSH’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

c. Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

d. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TSH without restriction.

e. Severability. If any provision of this Agreement is unlawful, void or unenforceable by a court of competent jurisdiction, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

If you have any questions regarding this Agreement, please contact us at contact@111skinspa.com.