Terms of Service
Effective date: May 3, 2025
INTRODUCTION
These Terms of Service ("Terms") govern your access to and use of the website designpw.com (the "Site") operated by Prestige Wellness Design ("we," "us," or "our"). By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Site.
SERVICES
Prestige Wellness Design provides luxury gym design services, including consultation, planning, design, procurement, and project management for high-end fitness facilities. Our services may include but are not limited to:
USE OF OUR SITE
License to Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Site for your personal, non-commercial use.
Prohibited Uses
You agree not to:
INTELLECTUAL PROPERTY
Our Intellectual Property
The Site and its content, features, and functionality are owned by Prestige Wellness Design and are protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.
Your Content
By submitting ideas, suggestions, documents, or proposals ("Contributions") to us through our Site, you acknowledge that:
COMMUNICATION WITH US
By using our Site or providing your contact information, you consent to receive communications from us, including via email, phone, or text message. You can opt out of marketing communications, but we may still send you administrative messages related to your use of our Site or our services.
THIRD-PARTY LINKS AND CONTENT
Our Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Site or servers that make it available are free of viruses or other harmful components.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Prestige Wellness Design and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.
DISPUTE RESOLUTION
Governing Law
These Terms shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of law provisions.
Arbitration
Any dispute arising from or relating to these Terms or your use of the Site shall be resolved through binding arbitration in accordance with the rules of American Arbitration Association. The arbitration shall take place in New York, NY, and judgment on the arbitration award may be entered in any court having jurisdiction.
Class Action Waiver
You agree to resolve any disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.
CHANGES TO THESE TERMS
We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of these Terms. Your continued use of the Site after any changes to these Terms constitutes your acceptance of such changes.
TERMINATION
We may terminate or suspend your access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination.
CONTACT US
If you have any questions about this Privacy Policy or our privacy practices, please contact us at:
Prestige Wellness Design
40 Harrison St
New York
NY 10013
USA
Email: hello@designpw.com
Phone: +1 (917) 693-6384
SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Prestige Wellness Design regarding your use of the Site and supersede all prior and contemporaneous written or oral agreements between you and Prestige Wellness Design.