Last Updated: March 2025
Welcome to Uptown Haven Wellness (“we,” “us,” or “our”), operating the website uptownhavenwellness.com (the “Site”). These Terms and Conditions (“Terms”) govern your access to and use of the Site, as well as any services or products offered by Uptown Haven Wellness (collectively, the “Services”). By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or Services.
1. Acceptance of Terms
By using the Site or Services, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into this agreement. We reserve the right to update these Terms at any time, with changes effective upon posting. The “Last Updated” date will reflect revisions. Continued use of the Site or Services after updates constitutes acceptance of the revised Terms.
2. Use of the Site and Services
- Permitted Use: The Site and Services are intended for personal, non-commercial use unless otherwise agreed in writing. You may use the Site to learn about our wellness services, book appointments, contact us, or purchase products/services.
- Prohibited Use: You agree not to:
- Use the Site for illegal activities or to violate any laws.
- Copy, distribute, or modify any content without permission.
- Attempt to hack, interfere with, or disrupt the Site’s functionality (e.g., introducing viruses, DDoS attacks).
- Use automated systems (e.g., bots, scrapers) to access the Site without permission.
- Misrepresent your identity or impersonate others.
3. Services and Products
- Wellness Services: We offer wellness-related services (e.g., massage therapy, facials, body contouring, waxing, etc.) as described on the Site. Service details, availability, and pricing are subject to change without notice. Booking for these services is managed through Vagaro, a third-party platform (see Section 7 for details).
- Products: If applicable, we may sell esthetics products (e.g., facial scrubs, lotions, serums, etc.). Product descriptions are accurate to the best of our knowledge, but we do not guarantee their suitability for your specific needs.
- Health Disclaimer: Our Services and products are not a substitute for professional medical advice, diagnosis, or treatment. Consult a healthcare provider before starting any therapy or using our products, especially if you have pre-existing conditions.
4. Payments and Refunds
- Payment Processing via Vagaro: All payments for Services or products are processed through Vagaro, our third-party booking and payment platform. You agree to provide accurate billing information through Vagaro’s secure system, and you authorize Vagaro to charge the listed fees on our behalf. Vagaro’s terms of service and privacy policy apply to all transactions, and you should review them at vagaro.com/terms.
- Pricing: Prices are in U.S. dollars and exclude taxes unless stated. We reserve the right to adjust prices at any time, but changes will not affect confirmed orders or bookings.
- Refunds: Refund policies vary by Service/product:
- Services: Refunds for cancellations may be issued if requested at least 48 hours before a scheduled session, subject to our discretion and Vagaro’s processing policies. Refunds will be processed through Vagaro, and any associated fees (e.g., transaction fees) may be deducted.
- Products: Returns for defective items are accepted within 30 days of receipt, with proof of purchase. Non-defective items are not eligible for return unless specified. Product purchases made through Vagaro are subject to its refund processing terms.
- Contact us at uptownhavenwellness@gmail.com for refund requests, and we will coordinate with Vagaro as needed.
5. Booking Through Vagaro
- Appointment Scheduling: We use Vagaro to manage all bookings for our Services. When you book an appointment through the Site, you will be directed to Vagaro’s platform to select a time, provide necessary details, and confirm your booking.
- User Responsibilities: You are responsible for ensuring the accuracy of your booking details (e.g., time, date, service type). We are not liable for errors in scheduling caused by incorrect information provided through Vagaro.
- Cancellations and No-Shows: Cancellations must be made at least 48 hours in advance through Vagaro to avoid potential fees. No-shows may be charged the full session fee, as outlined during booking. Vagaro will notify you of any cancellation policies at the time of booking.
- Vagaro Account: You may need to create a Vagaro account to book Services. Your use of Vagaro’s platform, including account management, is governed by Vagaro’s terms and policies.
6. User Content
- Submissions: If you submit content (e.g., comments, reviews, testimonials), including through Vagaro (e.g., post-appointment reviews), you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content for marketing or operational purposes.
- Responsibility: You are responsible for ensuring your submissions are accurate, non-infringing, and do not violate laws or third-party rights. We reserve the right to remove any content deemed inappropriate.
7. Third-Party Links and Services
- Vagaro Integration: We use Vagaro for booking, payments, and client management. When you book or pay through Vagaro, you will be subject to Vagaro’s Terms of Service (vagaro.com/terms) and Privacy Policy (vagaro.com/privacy). We are not responsible for Vagaro’s services, including any downtime, data breaches, or changes to their platform.
- Other Third Parties: The Site may also contain links to other third-party websites or services (e.g., social media). We are not responsible for their content, privacy practices, or availability. Your use of third-party services is at your own risk and subject to their terms.
8. Intellectual Property
- Ownership: All content on the Site (e.g., text, images, logos, designs) is owned by Uptown Haven Wellness or our licensors and protected by copyright, trademark, and other laws.
- Limited License: You are granted a limited, non-transferable license to access and use the Site for personal purposes. You may not reproduce, sell, or exploit any content without written permission.
9. Disclaimer of Warranties
The Site and Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including but not limited to:
- The accuracy, completeness, or fitness for a particular purpose of any content or Service.
- Uninterrupted or error-free operation of the Site or Vagaro’s platform.
- The effectiveness of wellness Services or products for your specific needs.
10. Limitation of Liability
To the fullest extent permitted by law, Uptown Haven Wellness, its affiliates, and their respective officers, directors, and employees will not be liable for:
- Indirect, incidental, or consequential damages (e.g., loss of profits, data, or goodwill) arising from your use of the Site, Services, or Vagaro’s platform.
- Any issues related to Vagaro’s services, including payment processing errors, booking disruptions, or data security incidents.
- Any damages exceeding the amount you paid to us in the past 12 months. This limitation applies even if we were advised of the possibility of such damages.
11. Indemnification
You agree to indemnify and hold harmless Uptown Haven Wellness from any claims, damages, or expenses (including legal fees) arising from:
- Your use of the Site, Services, or Vagaro’s platform.
- Your violation of these Terms or Vagaro’s terms.
- Your infringement of third-party rights.
12. Termination
We may suspend or terminate your access to the Site or Services at our discretion, with or without notice, for reasons including:
- Violation of these Terms or Vagaro’s terms.
- Suspected fraudulent or illegal activity.
- Protection of our business or other users. If your access to Vagaro is terminated by them, it may impact your ability to book or pay for our Services.
13. Governing Law and Dispute Resolution
- Governing Law: These Terms are governed by the laws of the State of North Dakota, USA, without regard to conflict of law principles.
- Dispute Resolution: Any disputes arising from these Terms will be resolved through negotiation. If unresolved, disputes will be settled in the state or federal courts of Fargo, North Dakota, and you consent to the jurisdiction of such courts.
14. Changes to These Terms
We may update these Terms at any time, with changes effective upon posting. We will notify you of significant updates via email or a notice on the Site. Continued use after changes constitutes acceptance.
15. Contact Us
For questions, concerns, or to report violations, contact us at:
- Email: uptownhavenwellness@gmail.com
- Phone: (701) 532-2323
- Address: 1313 NP Ave, Fargo, ND 58102