TERMS OF USE

MTR Aesthetics, Inc. dba NuMe Express (the “Service”) is provided by MTR Aesthetics, Inc., a Delaware Corporation (the “Company”). It must be understood that this is a legal agreement (“Agreement”) between you and the Company. Please read the Agreement carefully before registering for the Service. By completing your registration and clicking on the “Submit” button, you will become a registered user of the Service (a “Registered User”) and you agree to be bound by the terms and conditions of this Agreement (the “Terms”) for as long as you continue to be a User. If you are visiting the site and have not yet decided to become a Registered User (a “Visiting User”), you may not be able to enjoy most of the benefits of the Services. However, by entering the Site, you also agree to be bound by the terms and conditions of this Agreement. Registered User and Visiting User are hereby referred to as a “User”. IF YOU DO NOT UNDERSTAND OR AGREE TO THE TERMS AND CONDITIONS OF SERVICE, YOU CAN NOT USE THIS SITE OR ITS SERVICES AND YOU CAN NOT REGISTER TO BE A MEMBER OF THE SITE. The Terms are subject to change by the Company at any time, effective upon posting updated Terms on our website; any use of the Service after such notice will constitute acceptance by you of such changes. BY ACCESSING OR USING ANY OR PART OF THE SITE OR THE SERVICES, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use the Site as long as you adhere to these Terms and Conditions of Service.

  1. Eligible Age. You must be thirteen years of age or older to register as a member of the service or use of the www.nume.me (the “Site”) membership is void where prohibited. By using the Site, you represent and warrant that you are of eligible age and agree to abide by all of the terms and conditions of this Agreement. The Company may terminate your membership for any reason, at any time.
  2. License to Use; Exclusive Use. The Company grants the User a limited, nonexclusive, nontransferable, and revocable right to access and use the Site solely for User’s personal, non-commercial use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are solely responsible for all usage or activity on the Service through your account, including, but not limited to, use of your account by any third party.
  3. Unauthorized Users. Unauthorized individuals (“hackers”) may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service or Site, and that the recipient may use such information to harass or injure you. The Company is not responsible for the use of any personal information that you provide in connection with your use of the Service. Please carefully select the type of information that you post on the Service or release to others.
  4. Security. NuMe Express maintains reasonable safeguards and personnel policies that are designed to guard the Site, our systems and User information. For example, for the security of your online visit to the Site, NuMe Express may make use of firewall barriers, encryption techniques and/or authentication procedures.
    Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while NuMe Express strives to protect your information, it cannot ensure or warrant the security of any content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, NuMe Express will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.
  5. Electronic Communication. When you visit the Site or send emails to NuMe Express, you are communicating with us electronically. You consent to receive communications from NuMe Express electronically. NuMe Express may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that NuMe Express provides to you electronically satisfy any legal requirement that such communications be in writing.
  6. Online Conduct. As a User, you agree that:
    • You are responsible for maintaining the confidentiality of your information, username and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify NuMe Express of any unauthorized use of your registration, information, username or password.
    • You are solely responsible for the content or information you publish, display or otherwise communicate in any manner on the Service, or transmit to other Users and/or visitors to the site (hereinafter, the “Community”).
    • You will not communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, threatening, harassing, racially offensive, or illegal material through the Site. As a User of the Site, you agree not to publish on the Site any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights (copyright, trademark, trade dress, or other personal or proprietary rights), and rights of privacy and publicity). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 years of age or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else’s right to privacy or providing or creating computer viruses.
    • You will use the Service in a manner consistent with any and all applicable local, state, federal, national and international laws and regulations. Membership in, and use of, the Service is void where prohibited.
    • You will not provide inaccurate, misleading or false information to the Company or to the Community. If information provided to the Company, or the Community, subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change. You also agree not to create a User account in the name of another person or create duplicate User accounts.
    • The User will not use the Site for any other purpose except for a personal nature, to include any commercial purpose, without the Company’s express prior written consent. The User further agrees not to communicate, share or otherwise make available any solicitations or promotions by either unsolicited or unauthorized advertising, or use the Site to promote spamming in the form of “junk mail,” or other “schemes,” or other forms of promotion or solicitation to the Community that are against the policies of this Agreement.
    • The User will not communicate, store or invade another User or third party privacy by making publicly available any private information of such User or third party to include but not limited to addresses, phone numbers, email addresses, Social Security numbers.
    • You will not communicate through the Site any copyrighted material, trade-marks, or other proprietary information or exploit proprietary materials by creating derivative works or unauthorized distribution without obtaining the prior consent of the owner in such proprietary materials or information.
    • You interact with the Community entirely at your own risk and you are solely responsible for such interaction. You understand that the Company is unable to guarantee the accuracy of information provided to you by or about the Community, and that the Company is unable to confirm that any User is who he or she claims to be. The User is solely responsible for your interactions with other NuMe Express users within the Community. The Company reserves the right, but has no obligation, to monitor disputes between you and other Users. It is up to the users to resolve differences, as NuMe Express is not liable or responsible for resolving disputes. NuMe Express shall not be liable for User interactions with any organizations and/or individuals found on or through the NuMe Express service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on NuMe Express. NuMe Express does not oversee the performance of goals. NuMe Express is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between User and such organizations and/or individuals. NuMe Express is under no obligation to become involved in disputes between Users, or between site members and any third party. In the event of a dispute, you release NuMe Express, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service. NuMe Express reserves the right to remove a goal project from public showing for any reason. NuMe Express reserves the right to cancel, interrupt or suspend a goal at any time for any reason.
    • You will promptly report to the Company any violation of the Terms of this Agreement by other Users.
    • The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
    • The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE MESSAGES. Messages sent between you and other Users that are not readily accessible to the general public will be treated as private by the Company to the extent required by applicable law.
    • The User further agrees to the additional restricted use of the Community or permit other persons to use the Site in the following ways to:
      • collect or store email addresses or other personal contact information of other users from the Community by electronic or other means for the purposes invade a User’s privacy or for commercial purposes;
      • use the Community in any a manner that could overburden or cause harm to the Site or to any individual user;
      • duplicate the Community, or any portion thereof, to be incorporated in such a way within another website;
      • any videos must be in a personal nature and not be made available in any production commercial communication;
      • introduce any material that contains software viruses or any other disabling computer code, files or programs designed to harm or destroy or severely reduce the functionality of the Site;
      • use or attempt to use another User account in an unauthorized manner;
      • perform any action that may expose the Company or its users to any harm or liability of any type.
  7. Criminal Convictions. By registering for the Service, you represent and warrant that you have never been convicted of a felony or indictable offence and that you are not required to register as a sex offender with any governmental body.
  8. The Community Compliance with Terms. The Company does not warrant and is not responsible for ensuring that the Community is in compliance with these Terms.
  9. Online Content. Opinions, advice, statements, offers, or other information or content made available through the Community, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SITE OR COMMUNITY, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING, EITHER DIRECTLY, INDIRECTLY OR COLLATERALLY, FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, SERVICE, OR COMMUNITY OR TRANSMITTED TO OR BY ANY USERS. You may be diverted, have access to or connect to other third party website links that contain third party articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content (the “Third Party Content”). The Company does not warrant the accuracy or completeness of any of the Third Party Content , and Company hereby disclaims all responsibility for any Third Party Content accessed through the Site. The Company does not approve or endorse any Third Party Content and the User’s access to or use of Third Party Content is at their own risk. You should review the applicable terms and policies, including privacy practices, of any third party site to which you navigate from the Company Site. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING, EITHER DIRECTLY, OR INDIRECTLY FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THIRD PARTY SITES OR FROM THIRD PARTY CONTENT. The Company cannot guarantee and does not promise any specific results from use of the Site or its content and/or any Third Party Content.
  10. Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, sponsors or advertisers found on or through the Site or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. The User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing, with your consent, of the information you supplied to the Company with sponsors or advertisers, or as the result of the presence of such advertisers or sponsors on the Service.
  11. Proprietary Rights.
    • Ownership. The Company owns and retains any and all proprietary rights in the Service or Site. The Site and Service contains copyrighted material, trademarks, and other proprietary information of the Company, its licensors and licensees. In addition, the Community may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
    • Trademarks. NuMe Express™ and other Company graphics, logos, and designs, are trademarks, service marks or trade dress of the Company in the applicable countries of operation. The Company’s reserves the authorized use of its trademarks and trade dress and the users may not be used such in connection with any product or service in any manner without the prior written permission of the Company.
    • Copyright Protection.
      You may not reproduce in any way Company copyrighted material or other proprietary information without obtaining the prior written permission of the rightful copyright owner.
  12. Submissions. By posting information or content to any public area of the Service (“User Submissions”), you hereby relinquish all ownership rights in the content and grant complete ownership and copyright to the Company.
  13. Confidentiality. With the exception of the information provided to the Community pursuant to the Terms of the Service and as provided in the Company’s privacy policy, which is incorporated into this Agreement by reference, or in this section, the Company will keep confidential all information supplied to the Company by you, including name, date of birth, email address, and other information provided at registration, and shall use or disclose such information only for the purposes for which such information was collected, or as required or permitted by court order or applicable law. If you choose to accept any offers from third-party sponsors or advertisers made through the Service, the Company has no reasonability to supply any information to any third-party sponsors or advertisers. For additional information about the collection and possible use of information provided by you, please click on the “Privacy” link that appears at the bottom of the home page for this web site for information on the Company’s privacy policy.
  14. Company Disclaimers. The Company hereby disclaims all the following actions and is not responsible for the general users use of the Site relating thereto:
    • Agreements or Understanding between Users. The Company is not responsible for any dealings, agreements, pledges, understandings between the Users of the Site. Any and all agreements and/or pleads between Users is the sole understandings between the Users without any involvement from NuMe Express. The Users involved in any disputed transactions agree not to involve NuMe Express in any enforcement of disputed transactions.
    • Unavailability of Site. The Company is not responsible for any unavailable Site, technical malfunction or other problems relating to access to the Site.
    • Content. We provide conduct rules for user conduct and postings and will enforce these rules using reasonable care and diligence, we cannot control and are not responsible for what users communicate on the Site and are not responsible for any user content in any manner. The Company is not responsible for the conduct, whether online or offline, of any user of the Site.
    • Professional Disclaimer. NuMe Express is not a financial, legal, medical or other professional organization. Nothing contained in this Agreement or on the Site should be construed as financial, legal, medical or professional advice. The information offered by Company or made available on or through the Site should not be interpreted as a substitute for physician, counselor or other professional consultation, evaluation, or treatment. The User acknowledges that NuMe Express has no knowledge of any User’s financial, legal or health condition(s) and that User alone is responsible for any actions User takes that may have any financial, legal, health or professional liabilities or other risks to User.
  15. Warranties and Conditions.
    • YOU AGREE THAT YOUR USE OF THE SERVICES AND ANY OTHER SERVICES WE PROVIDE IS AT YOUR SOLE RISK. NEITHER WE, NOR OUR EMPLOYEES, CONTRACTORS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT THE CONTENT WILL BE APPROPRIATE, OR THAT DATA WILL BE PRESERVED OR NOT ALTERED; NOR DO WE MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED. THE SERVICES AND SITE ARE PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IF ANY WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
    • THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. THE COMPANY DISCLAIMS ALL LIABILITY FOR, AND NO WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE, ANY USER CONTENT OR THIRD PARTY CONTENT POSTED ON OR THROUGH THE SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
  16. Limitation of Liability.
    • IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION, DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR SERVICE INTERRUPTIONS, LOSS PROFITS, AND PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OR CORRUPTION OF DATA OR PROGRAMS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00). THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY SPONSORS OR ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH SPONSORS OR ADVERTISERS ON THE SERVICE.
    • The Company does not conduct background checks, including, without limitation, any criminal record or reference checks of individuals registering for the Service. The Company makes no representations, warranties or conditions as to the conduct of such individuals or their compatibility with any current or future Users. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION, DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH THE COMMUNITY OF THIS SERVICE OR PERSONS INTRODUCED TO YOU BY THIS SERVICE. This includes any damages arising from the conduct of users who have registered under false pretences or who attempt to defraud or harm you.
  17. Indemnity by User. The User agrees to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, from any and all claims, demands, causes of action, debts, liabilities, losses, costs and expenses (including reasonable legal fees) relating to or arising out of your use of the Service, including any breach by you of the terms or conditions of this Agreement.
  18. Company’s Rights. The Company owns the Site and reserves the right, solely in its discretion, to
    • make modifications to any and all content, software and other items used on the Site without notice to include removing or discontinuing; and
    • discontinue your use of the Site and deleting your username, password and account, should you be in violation of the Terms of Service.
  19. Complaints. To resolve a complaint regarding the Service or the Community, the User should first contact the Company via email to support@nume.me. Any User who feels there is content which is objectionable is encouraged to contact us immediately by email to support@nume.me. Company has the ability to remove objectionable messages and will make every effort to do so, within a reasonable time frame, if Company determines that removal is necessary. This is a manual process, however, so please realize that NuMe Express may not be able to remove or edit particular messages immediately.
    Neither Company nor any third party content provider shall assume or have any liability for any action or inaction by NuMe Express or any third party content provider with respect to any conduct, communication or posting on the message boards or other Interactive Features.
  20. General Terms.
    • Relationships. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Company and any User and Company or between Company and any other Member or any user of the Site.
    • Wavier. The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance.
    • Severable. If any provision of these Terms of Service shall be held invalid or deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
    • Arbitration. The User and the Company agree that all disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by binding arbitration in Texas in accordance with the Consumer Procedures and Rules of the American Arbitration Association.
    • Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between a User and the Company or any of our affiliates. In the unlikely event that a dispute or claim is not subject to the arbitration provision (as set forth above in subsection d), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts in Texas.
  21. Entire Agreement; Relationship to any Commitment Contract. These Terms of Service constitute the entire agreement between you and Company regarding the use of the Site and shall supersede any prior agreements between the User and the Company relating to your use of the Services and the Site.