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Private Policy & Terms

Private Policy

Private Policy

Privacy Policy for The V Boutiq, LLP.

This privacy policy (“Policy”) describes how The V Boutiq, LLP. (“we,” “us,” or “our'') uses and protects personal information of people who visit our website at www.thevbouiq.com through the website platform WIX (the “Site”) and The V Boutiq -controlled social media pages (including Facebook, Instagram, and Twitter), join our mailing list, purchase a product from us, or otherwise use our services (collectively, the “Services”).

This Policy applies to all visitors, users, and others who access the Services. Please read the Policy carefully to understand our practices regarding your information and how we will treat it. By visiting or using the Services, you acknowledge that the collection, use, and sharing of your information will take place as described in this Policy.

So we are clear about the terminology we are using, when we use the phrase “Personal Information” in this Policy, we mean information that is capable of being associated with or could reasonably be linked with you, such as your name, email, or mobile number.

WHAT WE COLLECT

We collect information about you in several ways. We use this information to operate and enhance your experience with the Services.

Information You Give Us

We may collect Personal Information you choose to provide to us.

If you choose to contact us or participate in an offer via the Site, you will provide your name, phone number and email address. If you opt to join our mailing list or subscribe to our email newsletter, you provide your email address.

You may choose to create an account with us (“Account”) to make a purchase, join our rewards program, and to receive updates from us. When you create an Account to purchase, you provide Personal Information that we use to verify and fulfill orders you may place via the Site, to communicate with you about such orders, and for marketing purposes.

When you make a purchase, we use the WIX website platform to host our checkout process. We use third-party payment processors, including Paypal and ApplePay. You will provide certain Personal Information, including your name, shipping and billing address(es), email address and payment information, which WIX and third-party payment processors, such as ApplePay or Paypal, will process on our behalf, in accordance with their privacy policies. We receive information about your purchase, including your name, email address, billing and/or shipping address(es), and payment processor (but not your complete credit card information), and may use this information to verify and fulfill your order, to communicate with you about your order or service, and for marketing purposes. Notably, purchasing a product from us requires that you provide us with your email address, and doing so automatically adds you to our email marketing list. You can unsubscribe from our email marketing list at any given time. If we encounter a problem when processing your transaction, your Personal Information may be used to contact you.

Your information is stored on the WIX website platform. 

The V Boutiq will never ask you for personal medical information on the Site. Information regarding your medical history and specific physical therapy needs will be obtained from you using IntakeQ, a HIPAA-compliant software. Your medical information is stored on IntakeQ and is never shared with the Site, sold, or used for marketing material or advertising. Your Account will only include contact information that you decide to share with the Site.

Information Automatically Collected

We may use third-party Service Providers (defined below) including Google Analytics to automatically log information about you and your computer or mobile device, and how you use and interact with the Services. For example, when you access the Services, we may log your operating system type, browser type and language, the pages you viewed, how long you spent on a page, access times, Internet protocol (IP) address, your mobile device ID, mobile device serial number, unique user ID, wireless carrier, and information about your use of and actions on the Services. We collect this additional technical data to analyze usage trends and give us more information about how people use the Services to better the user experience.

Cookies

We may log information using “cookies.” Cookies are small data files stored on your hard drive by a website. Cookies help us improve your experience on our Services. We use cookies to see which parts of our Services people use and like and to count visits to our Services

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different from the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes. 

While most browsers are set to accept cookies by default, you can set yours to refuse cookies or to alert you before accepting cookies.

For specific information on changing your cookie default, check your browser's help file.

 

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Sale of Personal Data

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. This helps us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.

Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Web Beacons

We may log information using digital images called web beacons on our Services or in our emails. We use web beacons to manage cookies, count visits, and to learn which emails are read and used by our users and which are not. We also use web beacons to tell if you open or act on our emails. Similar to cookies, we use web beacons to improve your experience on our Services.

Tracking Options and California Do Not Track Disclosures. You may adjust your browser or operating system settings to limit this tracking or to decline cookies, and doing so will not change your experience on the Site. Check the “Help” menu of your browser or operating system to learn how to change your tracking settings or cookie preferences. To learn more about the use of cookies or other technologies to deliver more relevant advertising and your choices about not having this information used by certain Service Providers (defined below), please click here. On your mobile device, you can adjust your privacy and advertising settings to limit your tracking for advertising or control whether you receive more relevant advertising.

Internet-Based Advertising

We may work with third-party advertising companies that collect and use information about your online activities across sites over time, in order to deliver more relevant advertising when you are using the Services and elsewhere on the Internet. This practice is known as interest-based advertising. You may visit www.aboutads.info to learn more and to opt out of this type of advertising by companies participating in the Digital Advertising Alliance self-regulatory program. We do not operate or control this site and are not responsible for the opt-out choices available there. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. If you delete, block or otherwise restrict cookies or use a different computer or Internet browser, you may need to renew your opt-out choice.


 

USE OF INFORMATION

We use the information that we have about you to provide, support, personalize, and make our Services more relevant and useful to you and others.

We may use the Personal Information we collect from and about you to (1) present our Site, our products, and the Services to you; (2) provide you with information, products, or services that you request; (3) monitor and analyze usage and trends and personalize and improve the Services and your experience using the Services; (4) respond to your comments and questions and provide customer service; (5) send information including confirmations, invoices, notices, updates, security alerts, and support and administrative messages; (6) send marketing emails from which you can opt-out as described below; (7) protect, investigate, and deter against fraudulent, unauthorized, or illegal activity; and (8) with your consent for another purpose.

We may use your information to contact you about our products and services that may be of interest to you. Our marketing emails tell you how to opt-out or unsubscribe. If you opt-out of marketing emails, we may still send you non-marketing emails and notifications, which may include information about your Account, our business dealings with you, and updates regarding our policies.

SHARING OF PERSONAL INFORMATION

We will not disclose your Personal Information other than as described below. We may share the Personal Information we collect from and about you (1) to fulfill the purpose for which you provided it; (2) with your consent; (3) for legal, protection, and safety purposes; (4) to comply with any court order, law, or legal process, including to respond to any government or regulatory request; and (5) with those who need it to do work for us (our Service Providers, as defined below).

If another entity acquires us or our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through the Services in a manner that is consistent with this Policy.

SERVICE PROVIDERS

We may contract with third parties to perform functions related to the Services (“Service Providers”). Service Providers will have access to your Personal Information needed to perform their business functions but may not use or share that Personal Information for other purposes. For example, we may use Service Providers to process and fulfill orders and returns, process payments and refunds, deliver packages, provide customer service, collect and manage product reviews, send or manage marketing emails or surveys, and perform services related to the design, maintenance, and improvement of the Site and our Services.

LINKS TO OTHER SITES

The Services may contain links to other third-party websites or applications. Any information you provide on those sites is subject to that third party’s privacy policy. Our Policy does not apply to such sites, and we are not responsible for the privacy and security practices and policies of those third-party sites or applications.

CHILDREN'S PRIVACY

We do not direct the Services to, nor do we knowingly collect any Personal Information from, children under 16. Children under 16 are not eligible to use the Services. If we learn that a user is under 16 years of age, we will take steps to remove that user’s Personal Information from our databases and to prevent the user from utilizing the Services.

NOTIFICATION CHOICES

The V Boutiq may send you emails and notifications regarding activities on the Services. We may also communicate with you via informational, transactional, or marketing emails.

You may choose to unsubscribe from emails by clicking “Unsubscribe” from the email. If you unsubscribe, we may still need to send you non-marketing emails about your Account or your business dealings with us.

You may also send requests about your Personal Information to info@thevboutiq.com.

SECURITY OF YOUR PERSONAL INFORMATION

We are committed to protecting the security of your Personal Information. We have taken certain physical, administrative, and technical steps to help safeguard the information we collect from and about you. While we take steps to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures.


 

CALIFORNIA CONSUMER PRIVACY ACT (CCPA)

The CCPA provides rights to certain individuals located in California. You can contact us about these rights at info@thevboutiq.com. We do not disclose Personal Information beyond what is described in this Policy. California users may have the following rights.

  • Right to access: You may have the right to know and see what data we have collected about you over the past 12 months including:

    • categories of personal information we have collected about you;

    • categories of sources from which the personal information is collected;

    • the business or commercial purpose for collecting your personal information;

    • the categories of third parties with whom we have shared your personal information; and

    • the specific pieces of personal information we have collected about you.

  • Right to deletion: You may have the right to request that we delete in certain circumstances the personal information we have collected from you.

  • Right not to be discriminated against: You may have the right not to be discriminated against for exercising any of these rights.

To request access to or deletion of your personal information, or to exercise any other data rights under the CCPA, please contact us at info@thevbouiq.com.

GENERAL DATA PRIVACY REGULATION (GDPR)

If you are based within the EU, the GDPR may in certain circumstances provide you with the below rights. You can contact us about these rights at info@thevboutiq.com.

  • Right to access: the right to request certain information about, access to and copies of the Personal Information about you that we are holding (please note that you are entitled to request one copy of the Personal Information that we hold about you at no cost, but for any further copies, we reserve the right to charge a reasonable fee based on administration costs);

  • Right to rectification: the right to have your Personal Information rectified if it is inaccurate or incomplete;

  • Right to erasure / “right to be forgotten”: where the processing of your information is based on your consent, the right to withdraw that consent and the right to request that we delete or erase your Personal Information from our systems (however, this will not apply if we do not rely on your consent to carry out the processing or if we are required to hold on to the information for compliance with any legal obligation or if we require the information to establish or defend any legal claim);

  • Right to restriction of use of your information: the right to stop us from using your Personal Information or limit the way in which we can use it;

  • Right to data portability: the right to request that we return any information you have provided in a structured, commonly used and machine-readable format, or that we send it directly to another company, where technically feasible; and

  • Right to object: the right to object to our of your Personal Information including where we use it for our legitimate interests or for marketing purposes.

  • Right to lodge a complaint about us to a supervisory authority in your country of work or residence (for instance, the Data Protection Commissioner in Ireland).

Legal Bases for Processing: We process your Personal Information on the ground that such processing is necessary to further our legitimate interests (including: (1) providing effective and innovative Services to our users; and (2) to detect, prevent or otherwise address fraud or security issues in respect of our provision of Services), and where it is necessary to perform under our contract with you in accordance with our Terms of Service, or in order to create a contract with you.

CONTACT INFORMATION

We welcome your comments or questions about this Policy. You may contact us at info@thevboutiq.com

CHANGES TO PRIVACY POLICY

We may modify this Policy from time to time. If we make any changes, we will change the Last Updated date below. We also may provide additional notice, as applicable, depending on the type of change. If you object to any changes, you may stop using the Services. Your continued use of the Services after we publish or otherwise provide notice about our changes to the Policy means that you are consenting to the updated Policy.

Last updated on February 7th, 2023.

Terms & Conditions

Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​for The V Boutiq, LLP.

Last Updated on February 7th, 2023

Welcome to The V Boutiq! Please read these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use (“Terms”)​ carefully. ​They are​ ​legally​ ​binding and apply to your use of the The V Boutiq, LLP (“we,” “us,” or “our”) website at www.thevboutiq.com (the “Site”), The V Boutiq-controlled social media pages (including Facebook, and Instagram), and the related services and products offered by The V Boutiq through the Site. To make these Terms easier to read, the Site, the related services offered through the Site, along with the The V Boutiq-controlled social media pages are collectively called the “Services.” ​It​ ​is​ ​your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​​carefully​ ​prior​ ​to​ ​use​ ​of or​ ​access​ ​to​ ​any​ ​of​ ​our​ Services or purchase of any of our ​products or services.

Introduction

These Terms and Conditions of Use set forth the legally binding terms for your use of the Services, purchase of our products, including online courses (the “Products”) and use of educational content including blog posts, educational videos (the “Educational Content”). By using the Services, educational content, and/or purchasing a Product, you agree to be bound by the Terms and our Privacy Policy at www.thevboutiq.com/privacy_terms (together, the “Agreement”). Also, you must indicate your acceptance of the Terms and Privacy Policy when you create an account at www.thevboutiq.com and/or purchase a Product or Service from us.

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. PLEASE NOTE THAT THE TERMS INCLUDES AN ARBITRATION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND BIG LITTLE FEELINGS AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.

The V Boutiq may, in its sole discretion, modify or revise the Terms at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms, you should periodically review the most up-to-date version, which will always be posted at www.thevboutiq.com/privacy_terms/. Your continued use of the Services constitutes your acceptance of such changes.

Eligibility

To accept the Terms, you affirm that you are either at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. The Services are not intended to be used by anyone under sixteen years of age. Minors between the ages of 16 and 18 who have not been emancipated may only use the Services with the involvement and consent of a parent or guardian.

 

ACCOUNT CREATION AND PRODUCT PURCHASES 

 

Account

If you access certain features of the Services, including if you purchase Products, you may have the option to create an account with The V Boutiq (“Account”). When creating your Account, you must provide and maintain accurate and complete information and you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and keeping your password secure. You agree not to use the account, username, or password of another account holder with The V Boutiq at any time or to disclose your password to any third party. You may never create an Account using a false identity or information, on behalf of someone other than yourself, or use another person’s account without permission. The V Boutiq may refuse to open an Account for any reason, in The V Boutiq's sole discretion.

You agree to notify The V Boutiq immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. You are solely responsible for any and all use of your Account. The V Boutiq will not be liable for your losses caused by any unauthorized use of your Account. We reserve the right to suspend, deactivate, or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, misleading, or violates our Terms. We welcome you to contact us at info@thevboutiq.com if you believe someone is violating these Terms.

These Terms shall remain in full force and effect while you use the Services, have an Account, and even after your Account is terminated. You may terminate your Account at any time, for any reason, by emailing info@thevboutiq.com.

The V Boutiq may terminate your Account or your access to Services at any time, without warning and in The V Boutiq's sole discretion, if you breach these Terms, or otherwise.

The V Boutiq will never ask you for personal medical information on the Site. Information regarding your medical history and specific physical therapy needs will be obtained from you using IntakeQ, a HIPAA-compliant software. Your medical information is stored on IntakeQ and is never shared with the Site, sold, or used for marketing material or advertising. Your Account will only include contact information that you decide to share with the Site.

 ONLINE STORE AND BOOKING TERMS 

 

Orders and Services

You agree that your order is an offer to buy all products and services listed in your order. All orders placed through the Site are subject to The V Boutiq's acceptance. This means that The V Boutiq may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later canceled by The V Boutiq, we will issue you a refund based on our cancellation policy outlined in the Terms.

All physical therapy services provided to you by The V Boutiq are provided by Oklahoma Board-Certified Physical Therapists or Physical Therapist Assistants, unless otherwise stated. These services are in-person and do not take place within the Site. 

We will utilize Zoom Video Communications for a consultation call prior to your first in-home appointment. During this call, you may provide us with some medical information and history, and your specific address. This information is documented in IntakeQ, a HIPAA-compliant software. This information is not stored within the Site. 

Products

Certain Products may be available exclusively online through the Site. These products or services may have limited quantities. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of Products are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to modify or discontinue any of our Products, any part of the Services, or the Services as a whole without notice at any time. Any offer for any Product made on the Services is void where prohibited.

Certain Products may be subject to separate terms and conditions that accompany the applicable Product offering. You are responsible for ascertaining and obeying all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any Product purchased via the Site. By placing an order, you represent that Products ordered will be used only in a lawful manner.

 

Prices and Payment Terms

Prices posted on the Site may be different than prices offered by us or our business partners at other locations. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a Product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.  Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges may be added to your merchandise total and 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. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services, in whole or in part.

We may offer from time to time promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Payments through our Services are hosted by WIX, ApplePay, IntakeQ, and Paypal. They provide us with the online platform that allows us to sell our Products and services to you. We do not store any whole credit card numbers or payment information.​ By utilizing these payment processors to purchase Products and Services, you indemnify us and assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use. IntakeQ’s Privacy Policy can be found here. Paypal’s Privacy Policy can be found here.

Booking and Cancellation Policy

Booking is done on the Site. We will not ask you for medical information on the Site. By using the Booking feature on the Site, you consent to providing your email address, phone number, and zip code. Bookings are available no less than three days in advance. 

We reserve the right to refuse service at any time throughout our relationship with you. We reserve the right to deny an initial evaluation from time of booking, before or after Zoom consultation, and anytime before your initial evaluation. We reserve the right to cancel a follow up appointment without notice at any time throughout your plan of care. More information about our cancelation policy is provided to you with our intake and consent forms via IntakeQ.

Services provided to you are non-refundable in nature.

 

Chargebacks

​​Before attempting a chargeback with your financial institution, we ask that you first request a refund by contacting us at info@thevboutiq.com. In the event you attempt a chargeback with your financial institution, you agree that you will forfeit any and all refunds from us for your original purchase. We reserve the right to present proof of your access and these Terms to the financial institution investigating the dispute.

No Selling or Reselling

You may not sell, resell, or use for any commercial purpose any The V Boutiq Product, obtained through the Services or otherwise.

 

INTELLECTUAL PROPERTY NOTICE 

Rights and Restrictions

The V Boutiq hereby grants you permission to access and use the Services as set forth in these Terms, provided that you agree not to distribute in any medium any part of the Services, without The V Boutiq's prior written authorization, and you agree not to alter, modify, copy, or reverse engineer any part of the Services. The V Boutiq reserves the right to discontinue any aspect of the Services at any time.

The content on the Services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, service marks, trade names, trade dress, and logos contained therein, including “The V Boutiq,” the product names, taglines, and the logo/s (together, the “Marks”), are owned by The V Boutiq, LLP. and subject to copyright and other intellectual property rights under the law. Content on the Services is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of The V Boutiq and any other respective owners. The V Boutiq reserves all rights not expressly granted in and to the Services and the Content.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You also agree that the Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of The V Boutiq. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.

Products Including Course Content

In addition to the Content offered through the Services, you may purchase Products, including the online courses (“Courses”).

Limited​ ​License. ​ Any and all materials, purchased or free, that you access through the Services, including without limitation any Courses, are under the sole ownership or licensed use of The V Boutiq, LLP.

When you purchase Products and Services, including Courses, you receive a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access the content or materials in the Products for your personal use.

If you exceed the scope of this license or otherwise violate our intellectual property as described above, we reserve the right to terminate your account and prosecute to the fullest extent allowed by law in any jurisdiction allowed. 

For clarity, the license allows you to:

  • Access the Product Content for your personal use

  • Stream, download, and/or print Product Content for your personal use

You​ ​may​ ​not:

  • Resell or trade your access to the Product

  • Share the Product with anyone else who has not independently purchased it

  • Reprint, republish, record, reproduce, modify, or distribute any of the Product Content, in part or in whole

You further agree to not access or use for any commercial purposes any part of the Services, or any Product available or obtained through the Services, other than as expressly permitted by these Terms. You also may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws).

Request​ ​for​ ​Permission​ ​to​ ​Use​ ​Content ​

If you wish to request to use, publish, or access any of our Products, Content or related materials, you may email us at info@thevboutiq.com You may not publish or use for a commercial purpose any Content or Products without prior written consent.

Your​ ​Materials​ ​and​ ​Contributions

You acknowledge and agree that any comments, photos, videos, questions, reviews, suggestions, ideas, feedback, materials, or any other content or information provided by you to The V Boutiq through the Services or otherwise are non-confidential and shall become the sole property of The V Boutiq. The V Boutiq shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Third-Party Intellectual Property Infringement

If you believe that any material on or accessible via the Services infringes or misappropriates your intellectual property rights or those of a third-party, you may request removal of such material (or access thereto) by providing written notice to us at info@thevboutiq.com. If the intellectual property right subject of your written notice is a copyright owned by you, please include the following information:

  • Your name, address, telephone number, and email address.

  • A description of the copyrighted work that you claim has been infringed and, if available, a copy of the location where an authorized version of the work may be found (e.g., a URL).

  • A description of where on the Services the material that you claim is infringing may be found or accessed, sufficient for us to locate the material (e.g., the URL).

  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.

  • A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  • Your electronic or physical signature.

 

Third Party Content and Services

The Services may contain links to third-party websites and/or applications that are not owned or controlled by The V Boutiq. Such third-party websites and/or applications are provided “AS IS'' without indemnification, support, or warranty of any kind, and these Terms do not apply to your use of any such offered third-party websites and/or applications. We encourage you to be aware when you leave the Services and to read the terms and privacy policy of each other website and/or application that you visit. Upon leaving the Services, these Terms shall no longer govern. The V Boutiq has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites and/or applications, including privacy and data gathering practices. In addition, The V Boutiq will not and cannot censor or edit the content of any third-party website and/or application. By using the Services, you expressly relieve and release The V Boutiq from any and all liability arising from your use of any third-party website and/or application.

DISCLAIMERS AND LIMITATIONS ON LIABILITY

YOUR USE OF THE V BOUTIQ SERVICES, PRODUCTS, OR CONTENT IS AT YOUR OWN RISK. THE SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE V BOUTIQ NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE V BOUTIQ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE V BOUTIQ NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE V BOUTIQ REPRESENTS OR WARRANTS THAT THE SERVICES, PRODUCTS, OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER/S THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES, PRODUCTS, OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE V BOUTIQ 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.

IN NO EVENT WILL THE V BOUTIQ, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PRODUCTS OR SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THEM, OR ITEMS OBTAINED THROUGH THEM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

WE​ ​ARE NOT ​RESPONSIBLE​ ​OR​ ​LIABLE​ ​IN​ ​ANY​ ​WAY​ ​FOR​ ​THE INFORMATION, ​PRODUCTS,​ ​OR​ ​MATERIALS​ ​THAT​ ​YOU​ ​REQUEST​ ​OR​ ​RECEIVE​ ​THROUGH​ ​OR​ ​IN​ ​RELATION​ ​TO​ ​THE SERVICES OR PRODUCTS.​ ​FURTHER, WE​ ARE NOT ​LIABLE​ ​FOR​ ​ANY​ ​THIRD​ ​PARTY​ ​CONDUCT,​ ​ACCIDENTS,​ ​DELAYS,​ ​HARM, OR​ ​OTHER​ ​DETRIMENTAL​ ​OR​ ​NEGATIVE​ ​OUTCOMES​ ​AS​ ​A​ ​RESULT​ ​OF​ ​YOUR​ ​ACCESS​ ​TO OR USE OF​ ​THE SERVICES OR PRODUCTS.

Our Products and Educational Content are provided for educational and informational use only. You understand and agree that The V Boutiq is not operating as a medical or mental healthcare provider, and that any Products or other information you access or learn from The V Boutiq Site are not intended, designed, or implied to be medical or mental health advice, to diagnose, prevent, or treat any condition or disease, to ascertain the state of your or any other person’s health, or to be a substitute for professional medical or mental healthcare. Any Products, information, and other Content The V Boutiq Site makes available through are intended to support the relationship between you and your healthcare providers and not replace it. Your use of the Products does not create or constitute a patient-psychotherapist relationship or patient-physical therapist relationship and agree you do not have an expectation of privacy regarding any information you share via the Products nor does The V Boutiq does not have any confidentiality obligation with respect to any such information. Not all activities described on the Products are suitable for everyone. While we may reference certain results, outcomes, or situations, you understand and acknowledge that we make no guarantee as to the accuracy of any statements, third party or otherwise, contained in the Products, or that you will benefit from or have successful outcomes based on your implementation of the information and/or techniques provided through the Products. You understand and agree that you are solely responsible for your use of the Services on the Site. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using Products, Content, and related materials. 

The limitations and disclaimers in this section do not purport to limit liability or alter your rights beyond what is permitted by applicable law. The V Boutiq's liability shall be limited to the extent permitted by law.

The V Boutiq is based in the state of Oklahoma in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of the Content are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Third​ ​Party​ ​Disclaimer

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including you.

INDEMNIFICATION

You ​​agree​​ at ​​all​​ times​​ to​​ defend, indemnify​​, and ​​hold​​ harmless​​ The V Boutiq, ​​as well​ ​as​ ​any​ ​of​ ​our​ ​affiliates,​ ​agents,​ ​contractors,​ ​officers,​ ​directors,​ ​shareholders, employees,​ ​joint​ ​venture​ ​partners,​ ​successors,​ ​transferees,​ ​assignees,​ ​and​ ​licensees,​ ​as applicable,​ ​from​ ​and​ ​against​ ​any​ ​and​ ​all​ ​claims,​ ​causes​ ​of​ ​action,​ ​damages,​ obligations, losses, ​liabilities, costs​, ​and​ ​expenses,​ ​including​ ​legal​ ​fees​ ​and​ ​expenses,​ ​arising​ ​out​ ​of​ ​or​ ​related​ ​to​ ​your use of and access to the Services or Products, or your violation of these Terms.  This defense and indemnification obligation will survive these Terms and your use of the Services.

ARBITRATION AGREEMENT; CLASS WAIVER; JURY WAIVER

If you and The V Boutiq are unable to resolve a dispute or potential claim by means of good-faith negotiation, then you agree to resolve any such dispute through arbitration.

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND THE V BOUTIQ TO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE NOTED.

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement, including the Terms, that cannot be resolved informally or in small claims court shall be resolved, to the extent permitted by applicable law, by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and The V Boutiq, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to The V Boutiq should be sent to: 8263 S. Harvard Ave #609, Tulsa, OK 74137 Attention: Legal. After the Notice is received, you and The V Boutiq may attempt to resolve the claim or dispute informally. If you and The V Boutiq do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the city of Tulsa, Oklahoma, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and The V Boutiq, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and The V Boutiq.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, excluding claims for injunctive or other equitable relief as set forth below. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. If any litigation should arise between you and The V Boutiq in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE V BOUTIQ WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with The V Boutiq.

Small Claims Court. Notwithstanding the foregoing, either you or The V Boutiq may bring an individual action in small claims court.

Equitable Relief. Notwithstanding the foregoing, either party may seek equitable relief before a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents or emergency equitable relief before a court of competent jurisdiction to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

GOVERNING LAW, VENUE, AND JURISDICTION

To the extent the parties are permitted under these Terms to initiate litigation in court, both you and The V Boutiq agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Agreement, including the Terms, shall be governed in all respects by the substantive law of the state of Oklahoma, without regard to its conflict of law principles. You and The V Boutiq hereby consent to submit to the jurisdiction of the federal and state courts sitting in the state of Oklahoma for any actions, suits, or proceedings arising out of or relating to the Agreement, including the Terms, that are not subject to the Arbitration Agreement.

YOU AND THE V BOUTIQ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW.

ENTIRE AGREEMENT

The Terms, Privacy Policy, any other legal notices published by The V Boutiq on the Services constitute the entire agreement between you and The V Boutiq relating to the Services. If any provision of these Terms is deemed invalid by a court or body of 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 term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The V Boutiq’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact

If you have any questions about any of these Terms, please contact us at info@thevboutiq.com.

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