Habit Med Spa and Facial Bar
Terms of Service
Updated: February 1, 2024
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. BY USING THE SERVICES WE OFFER YOU ACCEPT THESE TERMS.
Welcome to Habit Med Spa and Facial Bar.
Before visiting our sites or prior to your service or treatment, please read these Terms of Service (“Terms”) carefully. These Terms explain the business relationship between you, as our customer or patient (hereinafter, “Guest”, “You”, “Client” or “Patient”), and Sugar and Hive, LLC d/b/a Habit Med Spa and Facial Bar as identified in your Membership Agreement (for members) or your Intake Form, Guest Form (for guests) (together with its affiliates, successors and assigns) (hereinafter, “Sugar and Hive,”, ”Habit”, “Habit Med Spa and Facial Bar”, “we,” “us” or “our”). These Terms will apply to your receipt and use of products treatments, or services from us. If you have purchased a Membership from us, then these Terms, together with your Membership Agreement and any Addenda (whether signed online or in person) will constitute the “Agreement” between you and us. For clarity, and as context requires, “Agreement” also refer to these Terms, the Guest Form, the Intake Form, the Informed Consent Form or any other evidence of the purchase and use of products, treatments, or services purchased or received from us.
By accessing any of our locations, accessing our website (www.goodskinhabit.com), including, without limitation, any other media form, media channel, media application or mobile website related or connected thereto (collectively, the “Site”), or purchasing and using any of our products or services, including, without limitation, those products or services described on our online menu, in your Membership Agreement, Intake Form, Informed Consent, or Guest Form (collectively, the “Services”), you accept and agree to be bound by these Terms. If you do not wish to be bound by these Terms, you may not use or access our locations, services, treatments, products, and you may not purchase our products or use the Site.
The Services we offer are intended for use by individuals who are 13 or older. If you are under the age of 18, you may use the Services and Treatments only with the consent and involvement of a parent or legal guardian.
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION. SEE SECTION 10 FOR MORE DETAILS.
1. ACCEPTANCE
1.1 Eligibility. You are eligible to receive Services if (a) you are at least eighteen (18) years of age or the age of majority in the jurisdiction where we operate; (b) you are in good health and have no impairment, injury, disease or ailment preventing you from engaging in the Services, including, without limitation, skin care treatments and medical aesthetic treatments, or which could cause increased risk of injury or adverse health consequences as a result of your participation; (c) you will not use our Services for any fraudulent or illegal purpose, or in any manner that unreasonably interferes with the operation of Habit, the provision of the Services, or the use and enjoyment of services by other Members or Guests; and (d) your use of Services will be in compliance with the Agreement. By accepting these Terms, you represent and warrant that you meet our eligibility requirements. If you enter into the Agreement on behalf of a minor between the ages of 14 and 17, you will remain liable for all billing on the account and both you and the minor will be responsible for compliance with the Agreement, including, without limitation, these Terms and any other Rules (as defined below).
1.2 Consent to Electronic Signatures. By using Services or clicking any button to indicate your consent to these Terms, you accept and agree to be bound by the Agreement just as if you had agreed with your handwritten signature. When accepted in electronic form, the Agreement and all related documents shall be governed by the United States Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”). By clicking “SUBMIT,” “ACCEPT,” “PLACE MY ORDER,” “CONFIRM PURCHASE,” “BOOK NOW”, “JOIN NOW”, “SIGN UP", “BUY NOW”, or such similar markings as may designate your acceptance and consent to the Agreement, you are voluntarily submitting a legally binding electronic signature and are entering into a legally binding contract with us.
1.3 Modification of the Terms. We reserve the right to modify these Terms at any time. Unless we provide a delayed effective date, any changes to these Terms will be effective when sent to your email address on file or upon posting to the Site. Your continued access to or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
1.4 Your Account. You are responsible for the confidentiality of your account and your password, as well as all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify us immediately. Your account may also be restricted or terminated for any reason, in our sole discretion. We may also change, restrict access to, suspend, or discontinue the Service, or any portion of the Service, at any time without notice.
1.5 Consent to Electronic Communications. When you send an email, text message, or other communication from your devices to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by e-mail, text, in-app push notices or by posting notices and messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
1.6 Service Content. We, our suppliers, brand partners and/or Service visitors may post content on the Service including, without limitation, service or merchandise information, product descriptions, reviews, and comments (collectively, “Service Content”). Service Content is educational and for informational purposes only. Despite our best efforts to provide useful, true and accurate information, errors may appear. We do not warrant that Service Content is accurate, true, complete, reliable, current, timely or useful. We are not responsible for and cannot guarantee the performance of goods and services provided by our advertisers or others to whose sites we link. Product information contained on the Service may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described on the Service, your sole remedy is to return it in unused and unopened condition to the store from which it was purchased (excluding products that are not eligible for return per our policies – our return policy is on our website).
1.7 SMS and Email Communication Policy. You consent for Sugar and Hive, LLC (together with its affiliates, successors and assigns) (hereinafter, “Habit Med Spa and Facial Bar,” “Sugar and Hive,” “Habit,” “we,” “us,” or “our,”) and its service providers to use automated technology, including calls, texts, and prerecorded messages, to contact you at the number and email provided for our offers and communications (marketing, promotional, and all other communications). This consent is not required to book a service with us, purchase a product, or for general service requests regarding your account, services, membership, or any other questions. Clicking the buttons below constitutes your electronic signature and your express written consent to receive texts and emails from us. Msg & Data rates may apply. You may receive up to 4 texts and/or emails/month for all appointments booked. You may receive up to 4 texts and/or emails/month for promotional offerings by us. Visit www.goodskinhabit.com/termsofservice for our Terms of Service and www.goodskinhabit.com/privacypolicy for our Privacy Policy. You may opt out at any time in writing to Sugar and Hive, LLC 12191 West Broad Street, Suite B, Henrico, VA 23233, or by simply replying STOP to our texts or UNSUBSCRIBE to our emails.
2. INFORMED CONSENT
2.1 Consent to Receive Services. By entering into the Agreement, you are providing us with your express written consent to receive the Services, including, without limitations, any skin treatments, medical aesthetic treatments, or any other treatments listed in our menu of Services.
2.2 Your Rights. If at any time during your treatments you feel uncomfortable or believe your service provider’s words or actions to be inappropriate, you have the right to request an immediate cessation to the activity that you find objectionable, to end the treatment, or to request a modification of the treatment regardless of any previous consent that you may have previously provided. You should communicate with your provider about any discomfort that you may experience during a treatment. You understand that our employees and providers will treat you respectfully, and you will be expected to treat all employees, providers and other guests with a similar respect. Our employees and providers will not tolerate behavior or comments that may be considered threatening, offensive, sexually suggestive, or otherwise inappropriate; these types of behavior are strictly prohibited. Our providers reserve the right not to treat any client so long as their refusal to treat is lawful and non-discriminatory.
2.3 Health Information on the Services. You acknowledge and agree that the Services we provide are not a diagnosis, medical examination or medical treatment. A medical diagnosis will not be made, and you will see a medical professional for any medical issues you may have. The Services are not a replacement for medical care and should not be construed as a substitute for medical examination, diagnosis, or treatment. Services should not be construed to indicate that any product or service is safe for you. Always consult your Primary Care Physician for guidance before using any product or Service, including without limitation any treatment of the skin or medical aesthetic treatment.
You agree to inform your service provider in advance of any Service about any pre-existing conditions, limitations, or specific sensitivities you may have. If you experience discomfort, pain or are uncomfortable for any reason during a service, you agree that you will immediately ask the provider to address your concern or to terminate the service. You agree to bring any concerns you have about your provider to the attention of the management of the location rendering the service immediately following your service. Inappropriate or illegal conduct will not be tolerated in any manner. We may, in our sole discretion, refuse or discontinue a service if we determine that the service may be unsafe or cause discomfort for you or if you engage in any inappropriate conduct as determined by us in our sole discretion.
3. SERVICES
3.1 Services Offered. We offer a variety of professional skin care treatments, laser hair removal, laser facials, injectables, chemical peels, laser facials, spa facials, and more. We reserve the right to change our Services at any time, with or without notice, including, without limitation, the treatments or enhancements offered, the price for Services, the availability of certain providers and the times for available bookings.
3.2 Guests. If you purchase and receive Services from us outside of a specific membership package, then we consider you a “Guest.” All Services provided to Guests are subject to these Terms. All Guests will be required to pay for Services in full at the time they are rendered. We do not accept cash payments for Services; we only accept credit cards. As a Guest, Services cannot be assigned or transferred to someone else without our express written consent. Guests who enter the spa may be required to sign in at the front desk, provide a valid form of identification and comply with all spa Rules (as defined below), and sign a Guest Form.
3.7 How to Book and Cancel a Treatment. Booking a Service can be done online (at www.goodskinhabit.com), through the Habit app on the App Store, in person, or by calling or sending a text message to 804-491-4111. You can cancel a booked treatment through the same designated channels. Appointment cancellations within 24 hours of your scheduled service will require you to speak with a member of the front desk team.
3.8 No Show, Early Cancel, Late Cancel, and Late Arrival. We do not extend the time for scheduled treatments or Services if you arrive late. We maintain this policy to make sure that all Members and Guests with treatments scheduled throughout the day can start and end at the planned times. To receive the maximum benefit of your treatment or service, please complete all paperwork prior to arrival and please arrive at least 15 minutes before the scheduled start time for your service to permit ample time to get checked-in and prepared for the session. If you schedule a Service and fail to show for it (a “No Show” situation), you will be charged 100% of the session value or $150; whichever is less, and you will forfeit the deposit collected to schedule the appointment. If you cancel your previously scheduled service or treatment at least 24 hours in advance, you will have no late cancel fee imposed. If you cancel your appointment within twenty-four (24) hours of your scheduled appointment time including arriving more than 15 minutes late for your scheduled service, there will be a cancellation fee of 50% of the price for the scheduled service or $150; whichever is less. If you arrive late for your scheduled service and within the 10-minute window, your appointment will be adjusted to fit the time remaining for your service and your time will still end at the regularly scheduled time. After three (3) occurrences of a Late Arrival, Late Cancellation, and/or a No Show, you will be required to prepay for all future services and your appointments will only be able to be scheduled by a member of our front desk team.
3.9 Loss of Property. Members and Guests are encouraged to leave valuables at home. If you bring valuables into the spa or onto our premises (including the parking lot), we shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items belonging to you or your guests.
3.10 Quiet Environment. As a courtesy to other Members and Guests, please maintain a quiet level of conversation. Cell phones and other mobile devices must be turned off or placed on silent upon check-in. Children and guests are not permitted in the service area while you are receiving a Service.
3.11 Gift Cards. A gift certificate or gift card for Services is not the same as a membership. Gift certificates and gift cards are subject to their own terms. If you wish to purchase a gift certificate or gift card, the gift card can be redeemed at any Habit location. All Services used under a gift certificate or gift card will be subject to these Terms.
3.12 Spa Rules. Members and Guests will always conduct themselves appropriately and comply with all applicable laws, including, without limitation, laws governing alcohol and drug use and intoxication, rules and regulations established by us in our sole discretion (as made available on the Site or in the spa), and directions of Habit personnel (collectively, “Rules”). If in our judgement you violate the Rules, or if you act in a manner contrary to the best interests or safety of our employees, providers, Members or Guests, then we shall have the right to refuse you entry into our spa, or any other Habit location, or to discontinue Service, or temporarily or permanently suspend your membership (as applicable).
3.13 Pricing, Service Errors and Omissions. On rare occasion the pricing or other errors and omissions may occur. We correct any errors and pricing as soon as the errors are discovered, or as soon as we are made aware that there is an error. We reserve the right to cancel any promotion or offerings with no further obligations to you, even after receipt of acknowledgement or confirmation from us.
3.14 Unused Services or Treatments and Account Balances. Any account balances or unused services or treatments associated with your account will expire at the end of six (6) months from the date of their creation. After this expiration period, the account balances and unused treatments and/or services will be forfeited and will become non-transferable. No refunds will be provided for unused account balances at any time, except in the case of Death, Permanent Disability, Relocation, or Permanent Closure of Habit.
3.15 Pricing Modifications. We reserve the right to revise our prices at any time.
3.16 Results. I understand and acknowledge that the desired results of my treatment(s) will vary and at times will not be what I expect. There are several factors that contribute to less than desirable results. I have read and understand that services are not refundable. If your service is less than desirable, we will make every effort to correct it. I understand and agree that if this happens you will inform us within 48 hours and that you will send pictures via email to hello@goodskinhabit.com. At that time, we will have a manager contact you and will remedy the situation immediately by offering a solution.
3.17 Authorization for use or disclosure of client photographic and/or video images. I hereby provide consent for Sugar and Hive, LLC to use any before and after photographs for social media and marketing purposes to the extent I permit them to take such photographs. I understand that at any time that I may revoke the use of photographic, video, or testimonial statements. Such revocation must be in writing and received by Sugar and Hive, LLC and you agree that such revocation is not retroactive.
3.18 Model Release. I expressly consent and authorize the use of my before and after photographs, videos, and any other related content to be used for marketing, branding, social media, advertisements, training, and promotions. I consent to receiving such services and hereby agree to the Terms of Service, conditions, and policies of Habit. If at any time I want to revoke the use of the images or my likeness used in any of these formats I understand that I have to provide this request in writing to hello@goodskinhabit.com and that such revocation is not retroactive and I agree to pay for any services received during the Model Call, Training or Demo Calls, or Branding Sessions.
4. PRODUCTS
4.1 CBD, Medical-Grade, or Physician-Grade Products. The CBD products that are available for retail and used in Services contain full spectrum hemp oil and therefore contain tetrahydrocannabinol (“THC”) in minimal amounts (0.3% or less). The THC contained in these products do not cause a “high” because the THC is not absorbed into the bloodstream. With these trace amounts of THC, it is very unlikely that use of a topical would cause a failed drug test, however, we cannot guarantee that the use of our hemp products will not result in a failed drug screening for THC. Your use of any Habit product, including, without limitation, our CBD products (where available), is at your own risk. We are not responsible for any personal adverse employment or professional action related to your use of hemp and CBD products. Before using any of our products, please consult your healthcare professional about potential interactions or other possible complications prior to use. If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical conditions, seek the advice and assistance of a physician or trained health professional before purchasing CBD or Medical-Grade products. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider. We shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of any product offered or sold by us.
4.2 Product Purchases. We accept returns in the original condition (unused, undamaged, and unopened in the original packaging) with receipt seven (7) days within purchase for a full refund and within eight (8) to fourteen (14) days for a spa credit. Credits can be applied to the purchase of any Service or product. No returns are permitted beyond fourteen (14) days.
4.3 Online Product Purchases. We accept returns in the original condition which they were received: unused, undamaged and unopened in the original packaging. Merchandise must be shipped within seven (7) days of delivery and are valid for refund or exchange per our Return and Refund policies outlined herein. All returns must first obtain a written confirmation of the return by emailing hello@goodskinhabit.com. Return and exchange shipping costs are customers responsibility, and the original shipping charge is nonrefundable. Credits can be applied to the purchase of any items including retail products, gift cards and Services and treatments. No returns are permitted beyond fourteen (14) days of delivery.
4.3 Service, Gift Card, Package, Membership Purchases. Refunds and credits are not permitted for the purchase of services, gift cards, packages unless a letter from a physician is received that prevents you from using our Services. Refunds and account credits are subject to the Membership Cancellation Terms outlined below.
4.4 Pricing Modifications of Products. We reserve the right to change our pricing on products at any time.
4.5 Account Balances. Any account balances associated with your account will expire at the end of six (6) months from the date of their creation. After this expiration period, the account balances will be forfeited and will become non-transferable. No refunds will be provided for unused account balances at any time, except in the case of Death, Permanent Disability, Relocation, or Permanent Closure of Habit.
5. MEMBERSHIP
5.1 Membership Programs. If you purchase and receive Services from us under a membership package, then we consider you a “Member.” As a Member, you will be expected to enter into a Membership Agreement with us (which incorporates these Terms). All membership packages are sold on a recurring dues basis, meaning your membership will automatically renew each month until you properly cancel the Agreement, or the Agreement expires (a “Recurring Dues Membership”). Under a Recurring Dues Membership, you will be allocated service and product discounts each month in exchange for a recurring monthly payment. Unless stated otherwise by the Agreement, skin care treatments and medical aesthetic treatments provided under a Recurring Dues Membership are redeemable at all Habit locations. All treatments and balances sold under a Recurring Dues Membership expire automatically three (3) months from the date of issuance. Recurring Dues Memberships are cancellable at any time with written notice (see, Cancellation policy).
5.2 Billing Details. These billing terms only apply to Recurring Dues Memberships. Your Recurring Dues Membership will begin on the date you first submit payment through a valid and accepted payment method, or another date agreed by you at the time of purchase. This date of first payment will become your established “Billing Date” for all subsequent installments. Unless we communicate a different period, each “Billing Cycle” will run one month from your established Billing Date. With each successful payment, we will allocate to your account the pre-determined amount as a credit to your account to be used for future services or services or treatments for use as described in your Membership Agreement.
5.3 CONSENT TO AUTOMATIC RENEWAL. IF YOU FAIL TO PROPERLY CANCEL YOUR RECURRING DUES MEMBERSHIP BEFORE THE EXPIRATION OF THE INITIAL TERM, THEN YOUR AGREEMENT WILL AUTOMATICALLY RENEW MONTH-TO-MONTH SUBJECT TO THE SAME TERMS, CONDITIONS AND, PRICING AS DESCRIBED IN THE AGREEMENT (EACH A “RENEWAL TERM”). TO PREVENT YOUR MEMBERSHIP FROM AUTOMATICALLY ROLLING OVER INTO A RENEWAL TERM, YOU MUST PROVIDE HABIT WITH A WRITTEN NOTICE OF CANCELLATION AT LEAST 30 DAYS PRIOR TO THE END OF THE INITIAL TERM OR ANY RENEWAL TERM, AS APPLICABLE. BY PURCHASING THE MEMBERSHIP AND USING THE MEMBERSHIP BENEFITS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AUTOMATIC RENEWAL PROVISION, INCLUDING YOUR CONTINUED PAYMENT, BASED ON THE MEMBERSHIP PROGRAM ENROLLED IN, IN EXCHANGE FOR THE BENEFITS AND DISCOUNTS OFFERED BY THE CHOSEN MEMBERSHIP PROGRAM DESCRIBED ON OUR WEBSITE AND IN YOUR AGREEMENT.
5.4 Membership Freeze. You can freeze or suspend your membership at any time, for up to ninety (90) days. Membership can be frozen up to two (2) times in a twelve (12) month period (calendar year). All recurring dues will be suspended and not charged during this time. Your membership will resume on the same billing cycle on the unfreeze/unsuspend date indicated on the written freeze/suspend form.
6. CANCELLATION OF MEMBERSHIP
6.1 Cancellation and Rescission. Subject to any applicable local or state laws which may conflict with these rescission and cancellation provisions (in which case the applicable local or state law provisions will supersede these terms), you will be bound to the following Terms and conditions related to rescission and/or cancellation of your Membership Agreement.
Rescission Rights. You may rescind this Agreement at any time prior to midnight of the third (3rd) business day after the date you sign the Membership Agreement. All rescission notices must be made in writing and delivered in person or sent by registered or certified mail to Sugar and Hive, LLC, 12191 West Broad Street, Suite B, Henrico Virginia 23233.
Cancellation Rights of Membership Agreement. Once the rescission period of three (3) business days expires, you will still be subject to the following cancellation terms. You may cancel the agreement without penalties during the initial term of the agreement if:
Death & Permanent Disability. If by any reason of your death or permanent disability you are unable to receive the benefits of the Membership Agreement or services for which you contracted under this Agreement, then you (or your estate in the event of your death) may cancel the Agreement without penalty and receive a pro rata refund for any prepaid sums. A “permanent disability” means a condition which completely prevents you from using the Services at Habit. Habit reserves the right to have your permanent disability verified by a physician of its choosing at its sole cost and expense. Habit shall be entitled to retain the value for services already provided prior to your death or the onset of your permanent disability.
2. Relocation. If you relocate more than 25 miles from any Habit location and we are unable to transfer your membership to another location within 25 miles of your new place of residence, then you may cancel this agreement without penalty and receive a pro-rata refund for any prepaid sums.
3. Permanent Closure of Habit. If the Habit location where you originally enrolled as a member permanently closes or goes out of business and fails to transfer your membership to another location within a 25-mile radius of the location where you originally enrolled, then you may cancel this agreement without penalty and receive pro-rata refund for any prepaid sums.
Cancellation of your Membership. Cancellation or Termination of your Membership Agreement for any reason other than the exceptions listed above, are subject to the following terms and conditions:
Initial Term. The initial term of the Membership Agreement is three (3) months. During the initial term of your Membership Agreement, you can cancel the Agreement at any time with at least 30 days Advance Written Notice of Cancellation to end your Membership Agreement at the end of the term. You may terminate this Agreement prior to the end of the Initial Term for reasons stated above.
After the Initial Term. After the initial membership term, you will be considered month-to-month and you may cancel your Membership Agreement at any time with a (30) day (or more) advanced written request of cancellation. If your request is received less than thirty (30) days before your next membership payment, the cancellation will be effective the following month and the current billing cycle will continue for that month. (i.e. Your membership agreement started June 1st and drafts each month on the 1st. You request to cancel your membership on September 25th. The cancellation of the Agreement will be effective 30 days from the date of your request to cancel – canceling November 1st).
Unused Services or Treatments and Account Balances. If your membership includes account balances or unused treatments or services that are complimentary to your Membership Program, all account balances and unused treatments or services will expire at the end of three (3) months and will be forfeited and are non-transferable. Refunds will not be given for unused treatments or services or account balances at any time except for Death or Permanent Disability, Relocation, or Permanent Closure of Habit.
Refunds. Subject to state law, if the Membership Agreement is terminated for the reasons of Death or Permanent Disability, Relocation, or Closure of Habit (as stated above) and you properly rescind or cancel this Agreement, you will be issued a refund for any prepaid sums less the value of any services rendered within the period of your Membership Term. If you are a recurring dues member, then to the extent you properly rescind or cancel this Agreement, we will “turn off” the EFT/ACH draft associated with the Membership Agreement based on the date of cancellation, and you will not be charged a penalty for early termination of this Agreement. We do not give refunds for reasons outside of Death or Permanent Disability, Relocation, or Closure. Any refunds due, if any, for the reasons of Death of Permanent Disability, Relocation, or Closure of Habit will be paid to you within the time period as prescribed by state law.
Notice. All rescission or cancellation notices under this agreement may be delivered in person to any Habit location or sent via registered or certified mail to Habit Facial Bar and Med Spa at 12191 West Broad Street, Suite B, Henrico, VA 23233. We have made a Membership Program Cancellation Form available at www.goodskinhabit.com/cancellation, or you can receive a copy by calling us at 804-491-4111. Cancellation of your Membership Program may be done by email to hello@goodskinhabit.com, in writing, or by submitting an online request at www.goodskinhabit.com/contactus.
6.2 Suspension and Termination. We reserve the right to immediately suspend or terminate Services for any reason not expressly prohibited by law.
6.3 Notice. All rescission or cancellation notices may be delivered to us (a) in person, at the spa address listed in your Membership Agreement; (b) by registered or certified mail, at the spa address listed in your Membership Agreement; or (c) by email sent to the spa email address listed in your Membership Agreement.
7. PAYMENT TERMS
7.1 Payment Authorization. You authorize Sugar and Hive LLC d/b/a Habit Med Spa and Facial Bar (which, for purposes of this payment authorization, includes our third-party billing services provider, our service providers and/or assigns assignees) to seek payment of all fees, charges (no-show fees, late cancel fees, declined or insufficient funds fees, early termination fees, or any other fees charged by Habit), or other amounts due under the Agreement on or after each payment due date by charging the credit card on file. You understand that recurring payments for Membership will continue until you properly cancel, or as applicable, the agreement ends. You understand that a charge may not immediately post to the card. If you have provided multiple payment cards to us, and in the event of the payment that we attempt to collect fails, you authorize us to attempt to collect the payment by initiating one or more payment attempts to any additional payment cards that you have provided to us.
You are responsible to ensure that the credit card number on file with Habit is valid so that all fees, charges, or other amounts due under the Agreement can be charged to that card. If any payment card that you have previously provided Habit changes or expires, you agree to promptly notify Habit of such change so that there is always at least one valid card on file. If any payment subject to this authorization is returned unpaid and a valid card is not provided to us within ten(10) days after the regularly scheduled date for payment, Habit may exercise any and all rights available to it, whether under this agreement or under applicable law, which may include, but are not limited to, suspension of your membership until such payment is made, assessing a late payment fee of $25 per month until payment method is updated, and/or terminating this agreement and your membership.
In the event Habit makes an error in processing a charge, you authorize Habit to initiate a credit or debit to the card on file to correct the error. If you inadvertently transpose a digit or make a similar error in providing Habit with information about a payment method, you authorize Habit to correct the error after verifying information with you.
You understand that your financial institution may charge you a fee in addition to any service charge you may owe us. If any payment authorized to us is dishonored or returned unpaid, you agree that we will have no liability regarding such fees.
This pre-authorization will remain in effect until all my payment obligations under the Agreement have been satisfied.
You may revoke this payment authorization in person at any Habit location or by calling Habit at 804-491-4111, or by sending an e-mail to hello@goodskinhabit.com, or by writing to Sugar and Hive, LLC dba Habit Med Spa and Facial Bar, 12191 West Broad Street, Suite B, Henrico, VA 23233 with enough notice to give Habit a reasonable opportunity (typically within three (3) business days) to act on your request. If you revoke this authorization, you will still be responsible for paying any amounts you owe under the Agreement and your membership will terminate as of the date of revocation.
7.2 Default. Should you default on any payment obligation as called for in this Agreement, Habit will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs and attorney's fees. A default occurs when any payment due under this Agreement is past due for more than ninety (90) days. A returned item fee of $25 will be charged immediately for any draft, credit card, or order returned for insufficient funds or any other reason. A late fee of $25 will be charged if any scheduled payment due under the agreement remains unpaid more than five (5) days after which the payment is due. Habit reserves the right to suspend services if a scheduled invoice is not paid, and you consent that such a suspension of services is reasonable. This provision is subject to, and she'll be superseded by, any applicable local state or federal laws.
7.3 Payment. We do not accept cash payments. Credit and debit cards, including MasterCard, Visa and American Express, are welcome along with gift cards. We only accept payment from U.S. bank accounts.
7.4 Online Orders. If you place an online order on the Service (including without limitation by reserving an appointment, purchasing a gift card, signing up for a membership, and/or transferring a membership), we may require you to supply certain information in connection with your proposed order including, without limitation, your membership information, your email address, your credit card number, your credit card expiration date, your credit card security code, and/or your billing address. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing, contact, and related information you provide to us must be truthful and accurate. When you provide such information to us, you give us the right to provide such information to third parties to complete any proposed order. We may require you to verify certain information before we acknowledge or complete any order. The provision of untruthful or inaccurate information to us is a breach of these Terms and may result in cancellation of your order.
When you click “Book My Appointment” or “Purchase Now” or similar wording at the end of the online order online order process, you agree to accept and pay for the products and services you have selected, as well as any applicable fees and taxes.
Once you have placed an online order on the Service or product, we will attempt to send you an order acknowledgment via email setting out what you have ordered. Any order placed online is not a confirmation of the order or is an acceptance by us of the order placed online.
We reserve the right to refuse, limit or cancel any proposed order for any reason, including quantity limitations, inaccuracies, errors in description or pricing information, and/or potential problems identified by our team. We further reserve the right to do so after you have received an order acknowledgment notice from us. If that happens, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We prohibit sales to dealers or resellers.
7.5 Online Orders: Promotions. Our promotions and promotion codes are limited in nature, may expire or be discontinued with or without notice, and are void where prohibited by law. Unless otherwise stated, our promotions and promotion codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice.
7.6 Refunds. Subject to state law, if the Membership Agreement is terminated for the reasons of Death or Permanent Disability, Relocation, or Closure of Habit (see the Membership Agreement) and you properly rescind or cancel this Agreement, you will be issued a refund for any prepaid sums less the value of any services rendered within the period of your Membership Term. If you are a recurring dues member, then to the extent you properly rescind or cancel this Agreement, we will “turn off” the EFT/ACH draft associated with the Membership Agreement based on the date of cancellation, and you will not be charged a penalty for early termination of this Agreement. We do not give refunds for reasons outside of Death or Permanent Disability, Relocation, or Closure. Any refunds due, if any, for the reasons of Death of Permanent Disability, Relocation, or Closure of Habit will be paid to you within the time period as prescribed by state law. Refunds on products (with the exception of section 4.2-4.3) and Services are not given for any other reason.
8. DISCLAIMERS; LIMITATION OF LIABILITY
THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SALABILITY OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. WE, SUGAR AND HIVE, LLC, D/B/A SUGAR AND HIVE FACIAL BAR AND MED SPA, OUR AFFILIATES, PARENTS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SERVICES AND PRODUCTS, AND YOUR ACCESS OR USE THEREOF.
WE DO NOT GUARANTEE THE QUALITY OF THE INFORMATION OR ANY MATERIAL PURCHASED OR ACQUIRED BY YOU ON THE SITE IS ACCURATE OR MEETS YOUR EXPECTATIONS. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. WE AND SUGAR AND HIVE SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, ANY ORDER OR THE FULFILLMENT OR NON-FULFILLMENT THEREOF, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. WE AND HABIT ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR SERVICES.
TO THE EXTENT THAT A COURT DOES NOT PERMIT THE EXCLUSION OF LIABILITY AS SET FORTH HEREIN, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATE WITH APPROPRIATE JURISDICTION. Notwithstanding anything to the contrary contained herein, our or our affiliates’ liability for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of (a) the amount paid, if any, by you to us for the Services during the period of one (1) month prior to any cause of action arising; or (b) one hundred dollars ($100.00).
8. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SUGAR AND HIVE LLC d/b/a SUGAR AND HIVE FACIAL BAR AND MEDICAL SPA, AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INTERNS, ATTORNEYS, AGENTS, DISTRIBUTORS, AND VENDORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES ARISING FROM OR RELATING TO YOUR USE OF THE SITE, YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
9. GENERAL RELEASE & LIABILITY WAIVER
All reference to “I” or “me” in the General Release and Liability Waiver below shall refer to you.
I hereby give my consent to receive the Services from Habit listed in my Membership Agreement or Guest Form, and I acknowledge and agree that I am doing so at my own risk. My health and safety with respect to such Services are my sole responsibility. I acknowledge that my receipt of the Services may result in bodily injury or other harm to me. My decision to receive Services is voluntary, and I know of, understand, and assume all the risks associated therewith.
In exchange for receiving the Services, I, for myself and on behalf of my heirs, executors, administrators and personal representatives, hereby waive, release, discharge and agree to indemnify and hold harmless Sugar and Hive, LLC, d/b/a Habit Facial Bar and Med Spa listed in my Membership Agreement or Guest Form, and each of its members, officers, owners, parents, franchisor, subsidiaries, affiliates, independent contractors, employees, consultants, attorneys, personnel, and agents (collectively, “Habit Indemnified Parties”) from and against any and all demands, claims, injuries (including, without limitation, personal injury, illness, disease, or death), legal or administrative proceedings, losses, liabilities, damages, penalties, liens, judgments, costs or expenses whatsoever (including, without limitation, attorneys’ fees and costs), whether direct or indirect, known or unknown, foreseen or unforeseen, whether or not caused by any negligence on the part of Habit Indemnified Parties (collectively, “Claims”), that may arise on account of or in any way in connection with my receipt of the Services or otherwise on the premises of Habit Indemnified Parties. I acknowledge and understand that this waiver of liability includes any negligence of Habit, and any other Habit Indemnified Parties, excluding only intentional wrongdoing, willful misconduct, or any act or omission finally determined by a court of competent jurisdiction to be grossly negligent. I acknowledge and understand that this waiver is intended to be a complete release of any responsibility for personal injuries sustained by me or any guest while on or in the spa or on the premises, whether using services, products, or equipment, or receiving the Services or not. Further, I, for myself and on behalf of my heirs, executors, administrators and personal representatives, hereby agree to indemnify and hold Sugar and Hive, LLC d/b/a Habit Facial Bar and Med Spa, and each of the Habit Indemnified Parties harmless from and against any and all Claims that may arise on account of or in any way in connection with any injuries (including, without limitation, personal injury, illness, disease, or death) to other persons, or any damage to property, in any way caused by or attributable to me, whether negligent, intentional, or otherwise.
I acknowledge and understand that this waiver of liability covers and includes any transmission of, or exposure to, any contagious disease during the Services or otherwise while in the spa or on the premises, even as a result of negligence on the part of Habit Indemnified Parties. This includes, without limitation, COVID-19 and any variant. I further understand that skin care treatments and medical aesthetic services should not be considered a substitute for medical examination, diagnosis or treatment, and that I should see a physician, chiropractor, or other qualified medical specialist for any medical condition or physical ailments. Because skin care treatments and medical aesthetic treatments should not be done under certain medical conditions, I affirm that I have stated all my known medical conditions in writing and have answered all questions asked of me in writing or orally honestly and completely. I agree to keep Habit entity listed in my Membership Agreement or Guest Form, and my provider, updated as to any changes in my medical profile, and I understand and agree that there will be no liability on the part of Habit Indemnified Parties providing the Services should I fail to do so. I agree to be responsible for any attorney’s fees and costs of Habit for any breach by me of this general release and liability waiver.
10. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER
10.1 Agreement to Arbitrate. As used in this agreement, Habit refers to Sugar and Hive, LLC, d/b/a Habit Facial Bar and Med Spa and includes any of their affiliates, employees, parents, owners, agents, representatives, assigns or service providers.
You and Habit agree that any dispute, claim or controversy (“Claim” or “Claims”) relating in any way to this Agreement, or the products or services provided by Habit will be resolved through BINDING ARBITRATION rather than in court, with the following exceptions:
• Either you or we may assert Claims in small claims court if jurisdiction is appropriate in such courts;
• We may assert Claim for unpaid products or Services received by you but not paid;
• We may assert Claim for unpaid Membership Agreement;
• Either you or we may assert Claims seeking equitable or injunctive relief in the state or federal courts found in the county where your Habit spa is located; provided, however, that any individual Claims will still be subject to arbitration; or
• In the event the Agreement as a whole is found by a judge in a court of law not to be subject to arbitration, then you and Habit agree and consent to the exclusive jurisdiction of the state or federal courts found in the county where your Habit spa is located and waive any objection based on venue or forum non conveniens with respect to jurisdiction therein.
The Agreement to Arbitrate as described herein shall be governed by the Federal Arbitration Act (“FAA”), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this Agreement to Arbitrate and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
The parties intend for this Agreement to Arbitrate to be interpreted broadly and to survive termination of the Agreement for any reason. A judge in a competent court of law, and not the arbitrator, shall be permitted to interpret and determine the validity of the arbitration provision, including unconscionability.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claim to the address of Habit entity listed in your Membership Agreement or Guest Form. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS rules are available online at http://www.jamsadr.com or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAM’s rules. You may choose to have the arbitration conducted by telephone, based on written submission, or in person in the county where your Habit spa is located, or at another agreement mutually agreed to by Habit. Judgment on an arbitrator’s award may be entered in any court having jurisdiction.
You and Habit agree that this Agreement to Arbitrate has been included to rapidly and inexpensively resolve any Claims between the parties and that this section will be grounds for dismissal of any court action commenced with respect to this Agreement, except as specifically described above. You and Habit each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. This Agreement to Arbitrate will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law). With the exception of the Class Action Waiver (described next), if any other provision of this Agreement to Arbitrate is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Agreement to Arbitrate.
10.2 Class Action Waiver. You and Habit each agree that the arbitrator shall not consolidate more than one person’s claim and shall not otherwise preside over any form of a representative or class action proceeding, and that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. YOU AND HABIT AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. If this Class Action Waiver provision is found to be unenforceable, then the entirety of this section shall be deemed null and void and neither of us will be entitled to arbitrate our dispute.
10.3 Your Opt-Out Rights. You have a right to reject this Agreement to Arbitrate, but you must exercise this right promptly as set forth herein. If you DO NOT wish to be bound by the Agreement to Arbitrate, then you must notify us in writing within thirty (30) days after the date you sign the Agreement. You must send your request by sending an email to Habit spa location listed in your Membership Agreement or Guest Form, or by sending us a written statement of your intention not to be bound to Habit spa location listed in your Membership Agreement or Guest Form. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Agreement.” If you exercise the right to reject arbitration, the other terms of this Agreement will remain in full force and effect as if you had not rejected arbitration.
11. CONSENT TO CONTACT
11.1 Informational. You authorize us and our affiliates, agents, representatives, assigns and service providers (collectively, the “Messaging Parties”) to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems, email, or any similar methods then in use and automated email systems in order to provide you with information about this Agreement and related benefits including services or products, including information about payments, closures, marketing messages and material changes to the Agreement. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with this Agreement or any other matter. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. You agree that, unless you withdraw your consent as explained below, the authorizations you provide in this section will survive the termination of this Agreement.
You understand that, at any time, you may withdraw your consent to receive email, text messages and calls to your cell phone or to receive artificial or prerecorded voice message system calls by calling the phone number for the Habit listed in your Membership Agreement or Guest Form or writing to us at the address listed in your Membership Agreement or Guest Form, or such other address designated by us. To stop text messages, you can also simply reply “STOP” to any text message the Messaging Parties send you. To stop email messages, you can simply unsubscribe at the bottom of the message.
12. GENERAL
12.1 Privacy. We respect your privacy and take privacy-related matters seriously. Please review Habit’s Privacy Policy, incorporated by reference into the Agreement, for a full description of our privacy policies and practices.
12.2 Force Majeure. We shall be excused from the performance of any of our obligations under this Agreement so long as we are prevented by any Act of God, epidemic or pandemic, weather conditions, war or other national emergency, act of terrorism, any civil disturbance, labor disruption, unavailability of materials or transportation facilities, the orders or directives of any court or government agency, or any other circumstance beyond our control.
12.3 Entire Agreement. This Agreement together with any signed Membership Agreement, including all exhibits, attachments or schedules, and all spa Rules, as revised from time to time, constitutes the entire and exclusive agreement between you and us, and supersedes all prior promises, representations, understandings and/or agreements relating to your membership and/or our provision of Services.
12.4 Modification. Except as expressly stated herein, this Agreement cannot be altered, amended, modified, terminated, waived, released or discharged except in a writing signed by a member of Sugar and Hive, LLC, d/b/a Habit Facial Bar and Med Spa or a spa manager of the Habit spa entity listed in your Membership Agreement or Guest Form, and no change, modification or revision to this Agreement is binding unless agreed to in a writing by a member of Sugar and Hive, LLC, d/b/a Habit Facial Bar and Med Spa or a spa manager of the Habit spa entity listed in your Membership Agreement or Guest Form.
12.5 Non-Waiver. Failure or delay by any party hereto to enforce any of the provisions of this Agreement or any rights with respect hereto, or the failure to exercise any option provided hereunder, will in no way be considered a waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement.
12.6 Cumulative Remedies. Our rights and remedies under this Agreement are cumulative with and in addition to any other rights and remedies provided by applicable law.
12.7 Breach. In the event of any litigation arising from breach of this Agreement by you, or the services provided under this Agreement Habit shall be entitled to recover all reasonable costs incurred, including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation.
12.8 Headings. Headings of sections or other parts of this Agreement are included herein for convenience of reference only and will not constitute a part of this Agreement or change the meaning of this Agreement.
12.9 Severability. Except for the class action waiver, the validity or enforceability of any term or provision of this Agreement does not affect the validity or enforceability of any other term or provision hereunder, and if any term or provision of this Agreement is held to be to any extent invalid or otherwise unenforceable by any court of competent jurisdiction, such term or provision will be construed as if it were written so as to effectuate to the greatest possible extent the expressed intent of this Agreement, and the remainder of this Agreement will not be affected and will remain valid and enforceable in all respects.
12.10 Reviews, Comments, Communications, and Other Content. You agree that you will not make any statement(s) (written or oral) to another person and/or publish on any social media/review platform that is/are in any way false, misleading, libelous, abusive, obscene, unrelated to the services or products offered to you and/or reveal confidential or private information related to Sugar and Hive, LLC, its affiliates, its employees and/or owners. You agree that you will immediately remove (no longer than 3 days after requested) any such reviews upon request by Habit. You agree that posting information on social media and/or review platforms (e.g. Google, Yelp, Facebook, Instagram) under a pseudonym and/or identifying services not actually received by you and/or referencing a service provider that did not actually provide services to you is both false and misleading. You may not use a false email address, impersonate any person or entity, or otherwise mislead the public. This provision shall survive and extend beyond the term of any written agreement you have with Habit. The parties agree to liquidated damages of $500 for each violation of this provision and that said amount constitutes a reasonable estimate of anticipated damages for each instance of breach of this provision.
12.11 Conflicting Provisions; Priority of Documents. If the Agreement has an actual conflict in terms, the conflict will be resolved in the following priority of documents: first, any later-signed Addenda, then the Membership Agreement or Guest Form; then these Terms; then the Privacy Policy.
12.12 Governing Law; Venue. This Agreement shall be interpreted under the laws of the state in which you execute this Agreement. Any litigation under this Agreement shall be resolved in the courts of the state in which you execute this Agreement.
12.13 Promotions. We reserve the right to modify our promotions at any time. We reserve the right to refuse a promotion at any time for any reason.
12.14. Trademarks and Intellectual Property. The Site contains trademarks, trade names, service marks, copyrights, and/or logos belonging to Sugar and Hive, LLC. You recognize and acknowledge the ownership of these marks and understand that you do not acquire, through use of this website, any right, title, or interest in the marks. You agree not to change, modify, and/or exploit the marks. You agree not to participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without the expressed written consent and authorization is strictly prohibited.