Website Terms of Use

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and Privacy Practices. If you do not want to agree to these Terms of Use and Privacy Practices, you must not access or use the Website.

Website Errors

To report any website errors, please email us at [email protected] and we will do our best to resolve the issue as quickly as possible.

Privacy

Balk Aesthetics is committed to maintaining the privacy of website visitors. Personal information is collected only when specifically submitted by the visitor, for example, when filling out a website inquiry. This information is sent to the concerned parties within Balk Aesthetics and third party vendors who have agreed to Balk Aesthetics’s privacy and confidentiality policies through the use of approved Business Associate Agreements. Balk Aesthetics collects only statistical information related to the website such as, number of visitors. These statistics do not include any personal information and are used to continue to improve our website and services to best meet the needs of our visitors.

Terms of Use

Please read these terms of use (“Terms”) carefully before using this website (“Website”), portals, our SMS text notification services, and any other services we may provide (collectively, our “Services”). The Services are provided by Balk Aesthetics (“we,” “us,” or “our”).

By using our Services, you are agreeing to these Terms. Please read them carefully.
Your use of our Services is subject to your compliance with these Terms. These Terms apply to all visits to our Website and all uses of our Services, including (but not limited to) all associated content, information, recommendations, and/or services provided to you by or through our Services. By accessing and using our Services, you hereby agree to these Terms in their entirety. You may not use our Services (or any part thereof) if you do not agree to be bound by these Terms.

Use of Services

The information contained in or provided by our Services is offered solely for your consideration, and is subject to your verification. It is not to be taken as a warranty or representation by which we assume legal responsibility.

Changes to these Terms

We reserve the right to revise and update these Terms at any time without notifying you. As such, please periodically review these Terms, our Privacy Policy, and any other policies that may be posted on this Website, each of which are accessible via the Website homepage. Continued usage of our Services will be considered acceptance of any changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms on particular pages at this Website.

Minimum Age Requirement

Our Website is not intended for users under the age of 13. We do not knowingly collect personally identifiable information from users under the age of 13. Users under the age of 13 are expressly prohibited from submitting their personally identifiable information to us via the Services or using portions of the Website or Services that require registration.

Ownership of Services

Our Services, including all associated information related to our Services, are the property of us and/or our licensors. Our Services are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All rights reserved.

The contents of our Services may be viewed and accessed only for your personal, non-commercial use, provided that all copyright and other proprietary notices are retained on any copies made of the materials. The materials and information available via our Services may not be modified in any way, and may not be reproduced, distributed or used for any public or commercial purpose unless expressly permitted by us in writing. Any use of the materials or information available via our Services for any other purpose is prohibited. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of us or other third parties. If you breach any of these terms, your authorization to use our Services is terminated and you must immediately destroy any downloaded or printed materials.

The storage or reproduction of our Services (or any part of our Services) in any external internet site or the creation of links, hypertext, or deep links between our Services and any other internet website, is prohibited.

Disclaimer

You agree to assume the risk of accessing and using our services. Our services, including all content, are provided “as is” and “as available” without any warranties of any kind, whether express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property, to the fullest extent permitted by law. The information via the services is for general information purposes only and does not constitute advice.

We reserve the right to suspend or withdraw the whole or any part of our services at any time without notice without incurring any liability.

Limitation of Liability

In no event will any party involved in creating, producing or delivering our services (or any part thereof), or any other third parties mentioned via our services (or any part thereof) be liable for any direct, indirect, special, consequential, exemplary or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of our services (or any part thereof), any websites linked to our services, or the materials or information contained at any or all such websites, or the performance of the services, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. Notwithstanding the foregoing, in no event shall our liability to you relating to our services (or any part thereof) exceed two hundred dollars ($200).

User Submissions

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to us through our Services is the exclusive property of us. We are entitled to use any information submitted for any purpose, without restriction (except as may be stated in our Privacy Policy) or compensation to the person sending the submission. The user acknowledges the originality of any submission and accepts responsibility for its accuracy, appropriateness, and legality.

You are prohibited from using our Services to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, illegal, or any material that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using our Services to advertise or perform any commercial solicitation. We will have no obligations with respect to such communications. We reserve the right to remove any and all user submissions it deems in violation of these Terms.

Indemnity

You agree to defend, indemnify, and hold us, and our respective officers, directors, employees, agents, and licensors harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from your use of our Services, violation of these Terms, or violation of any third party rights.

Copyright Violations

If you believe that your copyrighted work has been copied and is accessible through our Services in a way that constitutes copyright infringement, please notify our designated copyright agent. The notice must include all of the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“Copyright Act”). As of the date of the posting of this Agreement, the information that you must provide includes: identification of the copyrighted work that allegedly has been infringed; identification of the material on our Services that you believe infringes the copyright (with sufficient specificity to allow us to locate it); a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; a statement that the information you have provided is accurate and, under penalty of perjury, that you are the owner of the copyright involved or are otherwise authorized to act for the owner; your physical or electronic signature or the signature of a person authorized to act on behalf of the owner of the allegedly infringed right; and your contact information. Please keep in mind that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Any claims of copyright infringement concerning our Services should be sent to [email protected]. We will respond to each complaint quickly and diligently. Only copyright complaints should be sent to the above agent. No other communications will be accepted.

Third Party Payments

We are not responsible for any charges or fees associated with financial transactions that occur on or through third party websites. Any payments you may make for services you have found through use of our Services or through any Portal (such as enrolling in a class) are made exclusively through an affiliated third party website the separate privacy policy of which applies, and not through our Services or Portal. We encourage you to read the privacy statements of each and every website that collects personally identifiable information.

Choice of Law and Venue

This agreement is entered into and performed in the State of Georgia and you agree this agreement is governed by the laws of the State of Georgia, without consideration to the principles of the conflicts of law. Your continued use of our Services, confirms your consent and submit to the personal jurisdiction in the State of Georgia and venue of Fulton County for any state or federal action arising out of the use of our Services or these Terms. This agreement does not constitute doing business in any other state than the State of Georgia.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Services, the Terms or the Privacy Policy must be filed within one year after such claim or cause of action arose or such claim or cause is barred.

Invalidity and Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition or concerns of site visitors.

Any personally identifiable data that you enter on this site is not sold to third parties.

Personally Identifiable Information

Personally identifiable information (PII) refers to information which can be used to distinguish or trace an individual’s identity, such as their name, address, date and place of birth, mother’s maiden name, social security number, biometric records, etc.

Balk Aesthetics does not collect PII unless you choose to provide it. If you create a user account, fill out an online form, or use certain tools on the website, Balk Aesthetics may collect PII. This information is collected in order to provide the services you have requested.

For example, if you request or express interest in services, newsletters, or for someone to personally contact you, you will be asked to provide PII so that Balk Aesthetics can deliver those services. These types of PII could include your name, email address or mobile phone number. Balk Aesthetics only collects the minimum amount of PII necessary in order to deliver the requested service. You can opt out of these communications at any time by following the instructions on the communication.

Balk Aesthetics only uses PII to deliver the requested services and for internal purposes, such as monitoring, quality control, and process improvement. Balk Aesthetics does not sell PII entered into BalkAesthetics.com. PII provided to Balk Aesthetics through BalkAesthetics.com will be protected by this policy (or subsequent privacy policies) for as long as it is retained.

Other Types of Information We Collect

Balk Aesthetics automatically collects other limited information from visitors who read, browse and/or download information from BalkAesthetics.com. This information is not PII. For example, when you browse BalkAesthetics.com, we, and in some cases our third-party service providers, can collect the following types of information about your visit, including:

Domain (for example, comcast.com, if you are using a Comcast account) from which you accessed the Internet
IP address (an IP or internet protocol address is a number that is automatically assigned to a device connected to the Web)
Operating system (which is software that directs a computer’s basic functions such as executing programs and managing storage) for the device that you are using and information about the browser you used when visiting the site
Date and time of your visit
Pages you visited
Address of the website that connected you to BalkAesthetics.com (such as google.com or bing.com)
Device type (desktop computer, tablet, or type of mobile device)
Screen resolution
Browser language
Geographic location
Time spent on page
Scroll depth – The measure of how much of a web page was viewed
User events (e.g. clicking a button)
We use this information to measure the number of visitors to our site and its various sections, to help make our site more useful to visitors and to improve our public education and outreach through digital advertising. Also, this information is sometimes used to personalize the content we show to you.

Using Third-Party Tools for Website Analytics

Balk Aesthetics uses a variety of third-party tools to collect basic information about visits to BalkAesthetics.com. This information is then used to analyze use of BalkAesthetics.com and to maintain the website including monitoring site stability, measuring site traffic, optimizing site content and may help make the site more useful to visitors.

Balk Aesthetics staff analyzes the data collected from these tools. The reports are available only to Balk Aesthetics managers, teams who implement digital marketing programs, members of Balk Aesthetics communications and web teams and other designated staff and contractors who need this information to perform their duties.

Analytics Tools

We use analytics tools and other third-party technologies, such as Google Analytics and Hotjar, to collect non-personal information regarding you in the form of various usage and user metrics when you use our online website and services. These tools and technologies collect and analyze certain types of information, including cookies, partial-IP addresses, device and software identifiers, referring and exit Uniform Resource Locators (“URLs”), mouse clicks, mouse movements, scrolling activity, media access control address (“MAC address”), mobile unique device ID, geographical location, demographic and interest data, and other similar information.

You may opt out of the Google advertising cookies by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page. Google has additional information available about their Remarketing Privacy Guidelines, and Restrictions. Likewise, you may opt out of Hotjar by visiting the Hotjar opt-out page.

Using Third-Party Tools for Outreach through Digital Advertising

Balk Aesthetics uses third-party web services to conduct outreach and education through the use of digital advertising. These services may receive your PII as part of outreach, education, or other communications authorized by Balk Aesthetics. These third-party services may collect information through the use of web beacons that are located on our pages. A web beacon is a see-through graphic image (usually 1 pixel x 1 pixel) that is placed on a web page and, in combination with a cookie, allows us to collect information regarding the use of the web page that contains the web beacon.

We use web beacons to tell when a user is redirected to BalkAesthetics.com because of Balk Aesthetics advertisement that we ran on another website was clicked on or otherwise interacted with (known as “click tracking” or “conversion tracking”) and to better target advertisements (known as “retargeting”).

Balk Aesthetics uses third-party tools to help deliver advertising, and the companies that operate these tools may receive your PII as part of advertising authorized by Balk Aesthetics. Vendors that operate the third-party tools may also gather information about your visits to third-party sites outside of BalkAesthetics.com. Balk Aesthetics does not track your individual-level activity on the Internet outside of BalkAesthetics.com.

How Balk Aesthetics Uses Cookies & Other Technology

When you visit a website, its server may generate a piece of text known as a “cookie” to place on your device. The cookie, which is unique to your browser, allows the server to “remember” specific information about your visit while you are connected. The cookie makes it easier for you to use the dynamic features of Web pages.

Any PII that you enter into the online forms on BalkAesthetics.com is not associated with cookies on BalkAesthetics.com.

There are two types of cookies: single session (temporary) and multi-session (persistent). Single session cookies last only as long as your Web browser is open. Once you close your browser, the session cookie disappears. Persistent cookies are stored on your device for longer periods. Both types of cookies create an ID that is unique to your device.

Session Cookies

We use session cookies for technical purposes such as to allow better navigation through our site. These cookies let our server know that you are continuing a visit to our site.

Persistent Cookies

We use persistent cookies to understand the differences between new and returning visitors to BalkAesthetics.com. Persistent cookies remain on your device between visits to our site until they expire or are removed by the user. We do not use persistent cookies to collect personally identifiable information. Balk Aesthetics does not identify a user by using such technologies.

Links to Other Sites

BalkAesthetics.com may link to other websites. We link to other websites solely for your convenience and education. When you follow a link to an external site, you are leaving BalkAesthetics.com and are subject to the external site’s privacy and security policies.

Balk Aesthetics uses Social Media Sites in order to increase transparency, enhance information sharing, promote patient engagement and encourage collaboration.

Balk Aesthetics does not own, manage or control Social Media Sites. In addition, Balk Aesthetics does not collect, maintain or disseminate information posted by visitors to those sites. If you choose to provide information to a Social Media Site through registration or other interaction with the site, the use of any information you provide is controlled by your relationship with the Social Media Site. For example, any information that you provide to register on Facebook is voluntarily contributed and is not maintained by Balk Aesthetics. This information may be available to Balk Aesthetics Social Media Page Administrators in whole or part, based on a user’s privacy settings on the Social Media Site. Although you may voluntarily contribute to a Social Media Site with the intent to share the information with others on an Balk Aesthetics Social Media Page, to protect your privacy, please do not disclose personally identifiable information about yourself or others on these sites. Balk Aesthetics will not disclose any PII you provide to BalkAesthetics.com to Social Media Sites.

Balk Aesthetics does not keep separate records or accounting of any Social Media Site users or their interaction with BalkAesthetics.com pages on Social Media Sites. Balk Aesthetics does not store or share this information. User information is retained by Social Media Sites in accordance with the Site’s policies. See each Social Media Site’s privacy policy to see how long user information is retained after an account has been deleted. Social Media Site users can learn more about how their information is used and maintained by each Social Media Site by visiting their privacy policy.

Security

Balk Aesthetics uses appropriate security safeguards to guard against risks such as loss, unauthorized access or use, destruction, modification, or unintended or inappropriate disclosure of PII. Balk Aesthetics has been assured that third-parties that may receive your PII, as described above, likewise use appropriate security safeguards to guard against risks such as loss, unauthorized access or use, destruction, modification, or unintended or inappropriate disclosure of PII.

Terms of Use

You agree that you will not submit any false information or any illegal or damaging content to our website. We reserve the right to terminate access to or the ability to interact with our website in response to any concerns we may have about false, illegal, or damaging content, or for any other reason, in our sole discretion.

Additional Terms and Policies

Please note that specific web pages maintained by Balk Aesthetics may have additional terms and policies applicable to their use.

Revisions to this Policy

Balk Aesthetics reserves the right to update this policy at any time. The most up to date version of this policy will always be available on our website. Any updates or other changes to this policy will apply retroactively to any information earlier submitted to us.

The outreach and education analytics tools provide reports which aggregate data, such as the number of clicks on advertisements. The reports are available only to Balk Aesthetics managers, teams who implement digital marketing programs, members of BalkAesthetics.com communications and web teams, and other designated staff and contractors who need this information to perform their duties.