Terms and Conditions
Effective Date: Last update August 13, 2021
No Medical Advice
The content of the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Reliance on any information appearing on the Site, whether provided by ADB, its content providers, its clients, visitors to the Site, or others, is solely at your own risk.
Ownership of the Site
The FasciaBlaster® line of products and other products, and all features, functionality, tools, and content, therefore, and other products that appear on the Site are protected by copyright, trademark, patent, and other laws of the United States and foreign countries. You acknowledge and agree that the products that appear on the Site and all intellectual property rights therein are the exclusive property of ADB and/or its affiliates or licensors. You will not remove, alter, or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying products. ADB registered patents are listed here.
No Users Under 18 Years Old
In order to access the Site, you represent and warrant that you are older than 18 years old. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at email@example.com.
Site Access, Security, and Restrictions; Passwords
You agree to fully, accurately, and truthfully create your ADB account, including but not limited to providing your name, email address, and password, which become your ADB account credentials. The ADB account credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your ADB account credentials, and for all activities that occur under your ADB account or using your ADB account credentials. You agree to prohibit anyone else from using your ADB account credentials and agree to immediately notify ADB of any actual or suspected unauthorized use of your ADB account or other security concerns of which you become aware. Your access to the Site may be revoked by ADB at any time with or without cause.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or bypass other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. ADB will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Ordering and Purchasing of Products and Services
Accuracy and Integrity of Information; Colors
Although ADB attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and or the Content. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform ADB so that it can be corrected. ADB reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, ADB shall have no responsibility or liability for information or Content posted to the Site from any non-ADB affiliated third party.
We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor or other device, we cannot guarantee that your device’s display of any color will be accurate.
Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment method charged. If your payment method card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your original payment method in the amount of the incorrect price.
Order Acceptance and Shipment
Your placement of an order does not necessarily ensure that we will accept your order. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized and the order information is verified for accuracy. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in products or pricing information, or problems identified through our credit and fraud avoidance practices. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment method has been charged, we will issue a credit to you in the amount of the charge to your original form of payment.
Risk of Loss
All products purchased from the Site are delivered to shipment carriers. The risk of loss and title for such products pass to you when they are delivered to a carrier.
Our Shipping Policy is posted here, and may be changed by ADB at any time. Any such changes will be posted to the Site.
Warranty, Breakage & Return Policy
Our Breakage & Return Policy is posted here, and may be changed by ADB at any time. Any such changes will be posted to the Site.
Canceling / Amending orders
Orders cannot be canceled or amended once check-out has been completed. After the receipt of the product(s), please contact support to set up a return.
Quantity Limits and Dealer Sales
ADB reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification if such limits are applied. Please note that certain orders constitute improper use of ADB and its products and services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. ADB also reserves the right, at our sole discretion, to prohibit sales to dealers, wholesalers, or other customers who intend to resell items offered on our Site.
If you purchase a subscription to products or services through the Site, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by clicking https://www.ashleyblackguru.com/pages/account. If you cancel your subscription, your account will automatically close at the end of your current billing period. ADB may change the price for your ADB subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the ADB product and service subscription Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the product or service subscription prior to the price change going into effect.
Consent to Receive Calls and Text Messages
Export Policy and Restrictions
You acknowledge that the products, services, and Content which are available through or provided or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products, services, and Content are manufactured and/or received. By purchasing, downloading, or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By obtaining any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control.
You shall indemnify and hold harmless ADB from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
Links to Other Sites
ADB makes no representations whatsoever about any other website that you may access through this Site. When you access a non-ADB website, please understand that it is independent from ADB, and that ADB has no control over the Content on that website. In addition, a link to a non-ADB website does not mean that ADB endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.
User Generated Content, Reviews, Feedback, and other Postings to this Site or any other ADB Digital Properties
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site or our other digital properties, including those posted here or otherwise chose to provide such information to us, for example, via email (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to ADB that you have the legal right and authorization to provide all User Generated Content to ADB for the purposes and ADB’s use as set forth herein. ADB shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner ADB desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. ADB is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
ADB does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant ADB the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. ADB and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold ADB harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by ADB arising out of any User Generated Content you post or allow to be posted to the Site.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
ADB respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act, we will respond promptly to notices of alleged infringement that are reported to ADB’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Copyright Notice”) complying with the following requirements.
- 1. Identify the copyrighted works that you claim have been infringed.
- 2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- 3. Provide your mailing address, telephone number, and, if available, email address.
- 4. Include both of the following statements in the body of the Copyright Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- 5. Provide your full legal name and your electronic or physical signature.
Deliver this Copyright Notice, with all items completed, to our Copyright Agent:
Attention: Chief Data Officer
3440 S. Sam Houston Parkway E.
Houston, TX 77047
Disclaimer of Warranties
THE SITE AND ALL OF ITS CONTENTS AND INFORMATION AND ANY SITE-RELATED SERVICES ARE PROVIDED ON AN “AS IS'' BASIS. WHILE WE TRY TO KEEP THE INFORMATION ON THE SITE AS ACCURATE AS POSSIBLE, WE DISCLAIM ANY WARRANTY REGARDING ITS ACCURACY, TIMELINESS, COMPLETENESS, QUALITY, OR ACCURACY FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR GUARANTEE THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY FOR USING THE SITE, SITE-RELATED SERVICES, THE INFORMATION ON THE SITE, AND LINKED WEBSITES, AND YOU UNDERSTAND AND AGREE THAT ADB, ITS AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS AND LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE RESULTING FROM SUCH USE BY YOU OR ANY OTHER USER.
ADB DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD THROUGH THE SITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. ADB DOES NOT WARRANT THAT FILES OR MATERIAL UPLOADED BY YOU OR ANY OTHER USE THROUGH OR TO THE SITE WILL BE AVAILABLE, ACCURATE, COMPLETE, OR FREE FROM ERRORS. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.
PRODUCTS OR SERVICES OFFERED, SOLD, AND/OR DISTRIBUTED BY ADB MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS AND SEPARATE WARRANTY TERMS, IF ANY, WILL BE PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
Assumption of Risk; Warnings
Our products (the “Ashley Black Products”), currently under the brand names, including but not limited to, FasciaBlaster®, and/or any other trade names, may be registered with the US Food and Drug Administration, including as Class 1 medical devices where applicable, and are intended for self-use by healthy individuals. For all Ashley Black Products, please consult the operations manuals, product labels, and instructions for use and do not use any Ashley Black Products except as instructed.
Always seek medical advice from your medical professional, or other trusted specialist before use of any Ashley Black Products, including but not limited to the following:
- DO NOT USE any of the Ashley Black Products if you have a history of or may have blood clots.
- DO NOT USE the Ashley Black Products directly on varicose veins and discontinue use if you develop varicose veins or other physical abnormalities during the use of the Ashley Black Products.
- DO NOT USE the Ashley Black Products if you have recently, currently, or will be taking blood thinners.
- DO NOT USE the Ashley Black Products on the carotid artery located on both sides of the neck.
- DO NOT USE the Ashley Black Products if you are unwilling to bruise, as bruising is to be expected.
You acknowledge you are responsible for the depth and pressure of use of the Ashley Black Products and of our other products or services during self-use. You hereby acknowledge that you assume any and all risk from using the Ashley Black Products. You further hereby agree and acknowledge that indications of bruising is a natural part of treating and healing fascia tissue, and that while some users may not visibly bruise, others may show excessive indications of bruising. You further hereby acknowledge and agree to discontinue use of the Ashley Black Products if any pain or bruising exists or any pain is felt in a post-treatment region.
DO NOT USE the Ashley Black Products if you have any injuries, pre-existing health concerns or diagnosed medical conditions without first consulting your trusted health care provider.
If you are pregnant, DO NOT USE the Ashley Black Products or any of our other product(s) or service(s) on the belly. Consult your trusted health care provider and decide with your provider if the Ashley Black Products are right for you during pregnancy.
Some users have reported atypical occurrences, such as dizziness, diarrhea, nausea, rash, acne, headache, flu-like symptoms, cough, congestion, increased urination, and/or fatigue. While no causation has been established, if you are concerned about any atypical effects you are experiencing, please see your healthcare provider. Please refer to your healthcare provider to the Site and the relevant instructions for your Ashley Black Products so they can understand more about our products, proper use, and potential results therefrom.
Our products and services are intended for SELF-USE ONLY. You acknowledge that, if you are a practitioner of any type and choose to use any of our product(s) or service(s) on another individual, you are subject to your state laws and other standards of practice and will practice within your professional scope and authority.
You understand that we do not identify ourselves or any of our personnel as licensed/certified as a professional in any field. You understand that our products and services are not a substitute for the consultation, diagnosis, and/or medical treatment provided by your healthcare provider or other licensed or certified professional.
You assume responsibility for inspecting all Ashley Black Products thoroughly before each use and every use to ensure there is no damage. Using damaged items could lead to injury.
Limitation of Liability Regarding Use of Site
Dispute Resolution; Agreement to Arbitrate
We will try to work in good faith to resolve any issue you have with the Site, including products and services ordered, purchased, or received through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
YOU AND ADB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ADB agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
The Site is made available at the sole discretion of ADB. ADB reserves the right to modify, withdraw, suspend, or discontinue, either temporarily or permanently, any functionality or feature of the Site or any part thereof without notice. ADB is not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier and is not responsible for maintaining information arising from use of the Site. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site in accordance with our internal record retention or destruction policies.
No Liability for Select Third Parties
The owner of this Site is based in the state of Texas in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content or any products or services available through this Site are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
How to Contact Us:
3440 South Sam Houston Parkway East, Suite 100
Houston, TX, 77047, United States.