The rules that apply when you use the Essence by Shine website and account.
Plain-language summary: By using this website or creating an account, you agree to these terms. The site is informational — it isn't medical advice and it isn't a substitute for an in-person consultation. Anything you submit (a review, contact form, referral lead) is yours, but you give me permission to use it for the limited purposes described below. Disputes are resolved through binding arbitration in California and you waive the right to participate in a class action. Read Section 11 carefully.
These Terms of Use ("Terms") form a binding agreement between you and Essence by Shine, a California sole proprietorship operated by Shine ("I," "me," or "Essence by Shine"), governing your use of essencebyshine.com and any related sub-pages, forms, accounts, and online features (collectively, the "Site").
By accessing the Site, creating an account, submitting a form, or otherwise interacting with any feature of the Site, you confirm that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not agree, please do not use the Site.
The Site and any account-based features are intended for users who are at least 18 years of age and are residents of the United States, primarily California. By creating an account or submitting a form, you represent that you meet these requirements and that any information you provide is true and accurate to the best of your knowledge.
If you are accessing the Site on behalf of another person, you represent that you have the authority to do so and that the other person agrees to be bound by these Terms.
The Site provides general information about aesthetic services offered by Essence by Shine, a contact form, a coming-soon notification sign-up, an optional client account with referral and security features, and a form to submit a review of services received.
Appointment booking is handled on a separate third-party scheduling platform and is governed by that platform's own terms and privacy policy. Treatments themselves are performed in person under separate written informed-consent and intake paperwork.
The information on the Site is for general informational purposes only. It is not medical advice, a medical diagnosis, or a treatment recommendation. Reading the Site, contacting Essence by Shine, or creating an account does not create a provider-patient or any other professional relationship.
Aesthetic treatments — including but not limited to wrinkle relaxers (neurotoxin), dermal fillers, microneedling, chemical peels, and wellness or therapeutic injections — carry inherent risks. Whether a treatment is appropriate for you depends on your medical history, medications, allergies, pregnancy or breastfeeding status, and other factors that can only be evaluated in person.
Always consult a qualified, licensed healthcare professional before starting, stopping, or changing any treatment. Do not rely on the Site for emergencies. If you believe you are experiencing a medical emergency, call 911 or your local emergency services immediately.
Photographs, testimonials, before/after images, and reviews shown on the Site reflect individual experiences. Results vary from person to person and no specific outcome is promised or guaranteed.
Account creation is free and optional. To register, you must provide accurate information and choose a secure password (or sign in with a supported third-party identity provider — currently Google or Apple — or with a passkey). You agree to keep your account information current.
Each person may maintain a single Essence by Shine account. Creating duplicate accounts — including for the purpose of generating referral credits, evading suspensions, or any other reason — is prohibited and may result in immediate termination of all your accounts and forfeiture of any credits.
You are responsible for keeping your credentials confidential and for all activity that occurs under your account. Two-factor authentication is strongly recommended and is required for administrators. Notify me immediately if you believe your account has been compromised.
I may suspend or terminate your account at any time, with or without notice, for any reason — including but not limited to a violation of these Terms, suspected fraud, abusive behavior, or to comply with applicable law. You may close your account at any time by contacting me. Termination does not relieve you of obligations that, by their nature, survive termination (Sections 6, 8, 9, 10, 11, and 12).
"Your Content" means any text, name, contact information, photo, review, rating, or other material you submit, post, or transmit through the Site — including anything sent through the contact form, the coming-soon sign-up, the review form, and the referral landing page lead form.
Reviews submitted through the Site are reviewed by me before being made visible. Reviews that I approve may be published publicly on the Site, displayed under your first name (or the name you choose to provide) and the service category you selected. I will not display your last name, email address, or phone number publicly. I may decline to publish, edit for length, or remove any review at my sole discretion, including reviews that are off-topic, abusive, deceptive, or that make claims I am not able to verify.
By submitting Your Content, you grant Essence by Shine a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, sublicensable, and transferable right and license to use, reproduce, display, distribute, modify (for length and clarity), and create excerpts of Your Content for purposes of operating, promoting, and improving Essence by Shine and the Site — including on the Site itself, in social media posts, and in other marketing materials. You may revoke permission for any specific public-facing use of a review by contacting me; I will remove the review from public display within a reasonable time.
You represent and warrant that: (a) you own or have all necessary rights to Your Content; (b) Your Content is accurate and reflects your honest experience; (c) Your Content does not infringe any third party's intellectual-property, privacy, publicity, or other rights; (d) Your Content does not contain unlawful, defamatory, threatening, or sexually explicit material; and (e) you have the legal capacity to grant the license in this Section.
I will not sell Your Content, share it with advertising networks, or use it in a way that is materially different from the use described in the Privacy Policy.
You agree not to:
robots.txt.I may monitor use of the Site, investigate suspected violations, and take any action I consider appropriate — including removing content, suspending accounts, and reporting conduct to law enforcement.
All content on the Site that is not Your Content — including the "Essence by Shine" name and tagline, logos, photographs, page text, page design, source code, and the visual identity of the Site — is owned by me or licensed to me, and is protected by copyright, trademark, and other intellectual-property laws. You receive a limited, revocable, non-transferable license to view and use the Site for your personal, non-commercial use. Any other use — including copying, modifying, distributing, scraping, framing, or creating derivative works — requires my prior written permission.
The Site uses third-party services and may link to third-party websites — for example, Google or Apple sign-in, the third-party scheduling platform used for appointments, payment processors, and social-media profiles. I am not responsible for the content, practices, or terms of any third-party service. Your use of those services is at your own risk and is governed by their own terms and privacy policies.
The Site and all content on it are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, I disclaim all warranties, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, uninterrupted availability, or freedom from viruses or other harmful code.
As described in Section 4, nothing on the Site is professional, medical, or legal advice. Reliance on any information you find on the Site is strictly at your own risk.
To the maximum extent permitted by law, in no event will Essence by Shine be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, loss of data, loss of business, or loss of goodwill — arising out of or relating to your use of the Site, even if I have been advised of the possibility of such damages.
My total aggregate liability to you for any and all claims arising out of or relating to the Site or these Terms is limited to the greater of (a) the total amount you have paid me in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
Some jurisdictions do not allow limitations on certain warranties or damages, so some of the above may not apply to you. Nothing in these Terms is intended to limit liability that cannot be limited under applicable law.
Please read this section carefully — it affects your legal rights. By accepting these Terms, you and I agree that any dispute will be resolved through binding arbitration on an individual basis, and that you give up the right to a jury trial and the right to participate in a class action.
Before filing arbitration, you and I agree to try in good faith to resolve any dispute informally for at least sixty (60) days. To start that process, send a written notice describing the dispute through the contact form.
If informal resolution does not resolve the dispute, you and I agree that any claim or controversy arising out of or relating to these Terms, the Privacy Policy, the Referral Program Terms, or your use of the Site — except as expressly provided below — will be resolved by final and binding arbitration administered by JAMS or the American Arbitration Association (AAA), under its applicable consumer arbitration rules, held in California (or by phone, video, or document submission). The arbitrator's award is final and may be entered in any court of competent jurisdiction.
You and I agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a class or representative proceeding.
Either party may bring an individual action in small-claims court for a dispute that qualifies. Either party may also seek injunctive or equitable relief in a state or federal court located in California to protect intellectual-property rights or to prevent unauthorized access to the Site.
You may opt out of this arbitration agreement by sending a clear written opt-out notice through the contact form within thirty (30) days after first accepting these Terms. The notice must include your name, email, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
If the class-action waiver is found unenforceable for any claim, that claim must proceed in court rather than in arbitration, but the rest of this Section 11 remains in force.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Essence by Shine and any of my affiliates, contractors, and agents from and against any claim, demand, loss, liability, damage, or expense (including reasonable attorney's fees) arising out of or relating to: (a) Your Content; (b) your violation of these Terms, the Privacy Policy, the Referral Program Terms, or any applicable law; or (c) your misuse of the Site.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. Subject to Section 11, any action that is permitted to be brought in court must be brought in the state or federal courts located in California, and you consent to personal jurisdiction in those courts.
I may update these Terms from time to time to reflect changes in my practices, the Site, or applicable law. The updated Terms will be posted at this URL with a new Effective Date. For material changes, I will post a notice on the Site for a reasonable period. Your continued use of the Site after the new Effective Date is your acceptance of the updated Terms.
These Terms, together with the Privacy Policy and (where applicable) the Referral Program Terms, are the entire agreement between you and me regarding the Site, and supersede any prior agreements on the same subject.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be modified only to the minimum extent necessary to make it enforceable.
My failure to enforce any provision of these Terms is not a waiver of that provision.
You may not assign or transfer these Terms or any of your rights under them without my prior written consent. I may assign these Terms — for example, in connection with a sale or transfer of the business — without restriction.
Notices to me should be sent through the contact form. Notices to you may be sent to the email associated with your account or posted on the Site.
Nothing in these Terms creates a partnership, agency, employment, or joint-venture relationship between you and me.
Essence by Shine
Bay Area, California, USA
Use my contact form
Availability: By appointment — flexible scheduling
These Terms of Use were prepared for Essence by Shine, a California-based aesthetics studio. They are provided for informational purposes and do not constitute legal advice. For complex compliance questions, consult a California-licensed attorney.