Terms of Service

1. Introduction

Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required “legalese”.

PLEASE NOTE: THESE TERMS CONTAIN A JURY TRIAL WAIVER, AS DETAILED IN THE “GOVERNING LAW” SECTION, BELOW.

2. Your Acceptance of this Agreement

These terms of service are entered into by and between You and Judith Gurley Plastic Surgery & Medical Spa, d/b/a Gurley Glow (“Company,” “we,” “our,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms of Service”), govern your access to and use of store.judithgurley.com, including any content, functionality, and services offered on or through store.judithgurley.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Service carefully before you use the Website.

By using the Website [or by clicking to accept or agree to the Terms of Service when this option is made available to you], you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you should not access or use the Website.

BY ACCESSING AND USING THIS WEBSITE, YOU:

ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE;
OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES; AND,YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR WEBSITE.

3. Updates to Terms of Service

We may revise and update these Terms of Service from time to time, without notice, in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

ANY CHANGES OR MODIFICATIONS TO THESE TERMS OF SERVICE, GUIDELINES OR RULES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED TERMS OF USE WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE. For this reason, you should frequently review these Terms of Service and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Website. Continuing to use the Website or making subsequent purchases following the posting of revised Terms of Service means that you accept and agree to the changes.

The short and sweet version:

When you use our Website, you agree to our rules. And since they’re our Website and our rules, we can change them whenever we want.

4. Your Responsibilities

You are required to ensure that by accessing our Website, you are aware of this Agreement and comply with it. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

You may access the content on the Website only as permitted under these Terms of Service and the Privacy Policy. You agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

By submitting your email address in connection with your account, you agree that we and our third-party service providers may use your email address to contact you about your account or Content you have submitted to the Website, for other administrative purposes, and for any other purpose permitted or required by law. Our Privacy Policy provides further detail on the manner in which we may collect and use personally identifiable information about you, including any information you supply in connection with your use of this Website.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We suggest that you log out from your account at the end of each session. You alone are responsible for any password misuse or any unauthorized access.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY.

The short and sweet version:

We will send you emails based on your account settings, which you can change by signing into your account. Our Privacy Policy also tells you how we may collect and use your personal information, so it’s worth a read. You can access it here at https://store.judithgurley.com/privacy-policy/

5. Prohibited Activities

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from the U.S. or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm other users and minors in any way by exposing them to inappropriate content or asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission Standards set out in these Terms of Service.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which as determined by us, may harm the Company or users of the website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use of any Content or enforce limitations on use of the Website or the Content therein.
You may not interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website. We reserve all rights not expressly granted in and to the Content. You may not act in a manner that negatively affects other users’ ability to engage in real time exchanges.
Except as otherwise expressly permitted by these Terms of Service, you agree that you will not copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, reverse-engineer, decompile, disassemble, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, extract, or otherwise use any content or other technology, services, information, or material obtained from or through the Website. Use of any system or software, whether operated by a third party or otherwise, to extract any data from the Website to develop or train artificial intelligence is strictly prohibited.

Otherwise attempting to interfere with the proper working of the Website.6. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website in any manner that is likely to cause confusion among customers, except as follows:

Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website.

You must not:

Modify copies of any materials from this site.
Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

7. User Submissions and Submission Standards

The Website may provide you with the opportunity to create, submit, post, display, transmit, public, distribute, or broadcast content and materials to us or in the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, ratings, reviews, feedback, or personal information or other material (collectively, “Content”). You are responsible for your use of the Website and for any content you provide, including compliance with applicable laws, rules, and regulations.

All User Submissions must comply with the Submission Standards and Prohibited Activities set out in these Terms of Service.

Any User Submissions you post to the Website will be considered non-confidential and non-proprietary. By submitting, posting, or displaying content on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, disclose, adapt, modify, publish, transmit, display and distribute such Content for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channels.

You represent and warrant that:

You own or control all rights in and to the User Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You actually used any products tagged, shown or mentioned in the User Submission in conformity with the product instructions.
All Content you post is accurate.
No person other than you appears or is mentioned in the User Submission.
You understand that you are participating in a public forum and that your Content and other potential personal information will be available to all other users of the Website and potentially Third Party Sites.
You understand that your Content may be utilized by the Company in its marketing materials, including but not limited to the Websites, emails, social channels, and store materials.
You have age and legal eligibility. If you are a California resident under 18 years old and a registered user of the Website, you can request that we remove Content or information that you have posted to our Website. Fulfillment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been reposted by another user).
Your Content does not elicit or provide medical advice.
All of your User Submissions comply with these Terms of Service and will not cause injury to any person or entity.

We are not liable for any statement or representations in your Content provided by you or by others in any area of the Website. You are solely responsible for your Content related to the Website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content. We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by you or any other user of the Website. You understand that by using the Website, you may be exposed to Content that may be offensive, indecent or objectionable and we shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. User Submissions are not endorsed by us and do not necessarily represent our opinions or the view of any of our affiliates or partners. We do not assume liability for any User Submission or for any claims, liabilities, or losses resulting from any review.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Content; (2) to recategorize any Content to place them in more appropriate locations in the Website; and (3) to prescreen or delete any Content at any time and for any reason, without notice. We have no obligation to monitor your Content. Any use of the Website in violation of these Terms of Service may result in, among other things, termination or suspension of your right to use the Website.

These Submission Standards apply to any and all User Submissions. User Submissions must comply in their entirety with applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, misleading, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms of service and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist in any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization, including the Company.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

8. Our Rights

We have the right, without provision of notice to:

Remove or refuse to post any User Submission for any or no reason in our sole discretion;
Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates the Terms of Service, including the Submission Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website; and
Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Service.

All User Submissions that you submit is not confidential and may be used at Company’s sole discretion. Company may or may not pre-screen User Submission. However, Company and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any User Submission on the Website. In particular, Company and its designees will have the right to remove any Content that Company deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Service. Company does not guarantee that you will have any recourse through it to edit or delete any User Submission you have submitted. Company reserves the right to incorporate any User Submission you have submitted into any account you may have, now or in the future, as a registered user of the Website. You acknowledge that you, not Company, are responsible for the contents of any User Submission you submit. None of the User Submissions that you submit shall be subject to any obligation of confidence on the part of the Company, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.

9. Third-Party Links and Content

For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

10. Product Information

The products displayed on the Website can be ordered and delivered only within the U.S. and certain select countries. Certain products displayed on the Websites may be available in the retail store portion of the onsite medspa. All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S.

All material and information presented by Website is intended to be used for personal, educational or informational purposes only. We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of any Website is accurate, complete, reliable, current, or error-free. Please review the “Additional Information” section of any product page for the most current product information. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. If any minor uses any goods or product from our Website it should be only after the legal or parental guardian has discussed the product with the minor’s doctor or provider.

From time to time, we may provide summaries of or highlights from product descriptions, the text of customer Reviews, and other information on the Website(s). Summaries are provided for convenience but are not exhaustive representations of product descriptions or full Reviews. Users are encouraged to read full product descriptions and Reviews where available, especially when making purchasing decisions.

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Pure use of the Website does not replace any medical professional or medical resource. The Website does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The products available on the Website, including any samples we may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Website. We reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Service, as determined by Company in its sole discretion.

11. Online Orders

All orders, purchases or transactions for the sales of goods, digital products, or information made using this Website are subject to the following additional terms and conditions of sale:
- You may not order or obtain goods, digital products or information from this Website if you: (i) are prohibited from accessing or using this Website or any of this Website’s contents, goods, digital products or information by applicable law or (ii) you are outside the geographic region where the goods, digital products or information are available for purchase;
- You agree that your order is an offer to buy, under these Terms of Service, all goods, digital products, or information listed in your order. Orders must be accepted by us or we will not be obligated to sell such goods, digital products or information to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered; and
- All prices, discounts, and promotions posted on this Website are subject to change without notice. The price and currency charged for a goods, digital products or information will be the price and currency advertised on this Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price and currency charged will be clearly stated in the shopping cart before you confirm your purchase. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total pricing and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Shipments & Delivery.
- Our shipping policy can be found here: https://store.judithgurley.com/gurley-glow-shipping-return-policy/.

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates our published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

12. Payment and Fees

You may be required to purchase or pay a fee to access our services. We accept Stripe for all purchases. However, Company does not guarantee the availability of any payment method at any moment and Company may add, remove or suspend any payment method temporarily or permanently at Company’s sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website and to promptly update account and payment information, including email address, payment method, and payment card expiration date, in order to complete your purchases and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in USD.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.

13. Return and Refund

Our return and refund policy can be found here: https://store.judithgurley.com/gurley-glow-shipping-return-policy/

14. Disclaimers, Liability and Indemnification

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.

How We Limit Our Liability to You

The Company is not liable for any statements, representations, or Content provided by its users in any public forum on the Website or any third-party site. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Website or any third-party site is not controlled by Company. Company cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that may be offensive, indecent or objectionable and Company shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Website.

You may access the Content and any other content on the Sites only as permitted under these Terms of Service and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use of any Content or enforce limitations on use of the Website or the Content therein. You may not interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, including by using any device, software or routine to bypass robot exclusion headers. Company reserves all rights not expressly granted in and to the Content.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE UNDER THESE TERMS OF SERVICE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Service or your use of the Website including, but not limited to, third-party sites and content, any use of the Website’s content and services other than as expressly authorized in these Terms of Service or any use of any goods, digital products and information purchased from this Website.

Disclaimer of Warranties

COMPANY IS PROVIDING THE WEBSITE AND ITS CONTENTS ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

15. Privacy Policy

Your provision of personal information through the Website is governed by our privacy policy located at https://store.judithgurley.com/privacy-policy/privacy-policy (the “Privacy Policy“).

16. Governing Law

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING PROVISIONS:

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT AND TO HAVE A TRIAL IN FRONT OF A JURY.

WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).

The Website and these Terms of Service will be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in St Louis County, Missouri.

17. Severability

If any provision of these Terms of Service partially or wholly invalid, illegal or unenforceable,, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect without affecting the validity, legality or enforceability of any of the remaining provisions..

18. Entire Terms of Service

These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.

19. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

20. Notice

We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To give us notice under these Terms of Service, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to Judith Gurley Plastic Surgery & Medical Spa, 9910 Clayton Road, St. Louis, MO 63124, US. We may update the address for notices to us by posting a notice on this Website. Notices provided by personal delivery will be effective immediately once personally received by an authorized representative of Company. Notices provided by overnight courier or registered or certified mail will be effective once received and where confirmation has been provided to evidence the receipt of the notice.

21. Contact Us

This Website is operated by:
Gurley Glow
9910 Clayton Road
St. Louis, MO 63124

+1 (636) 238-8366.

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company. All reports of misuse and other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to hello@judithgurley.com.

Last Updated: 11/26/2025