Terms of Service

Terms of Service

Last updated: May 5, 2024

 

1. Introduction

Thank you for using AesthetiksMed!

Please read through these Client Terms of Service (the “Terms”) carefully; they are a legally binding contract between you and AesthetiksMed Labs, Inc. (“AesthetiksMed,” “we,” and “us”) with your legal rights, remedies, and obligations regarding your access and use of our websites and applications (our “Platform”) through which AesthetiksMed provides our products and services (collectively, along with our Platform, our “Services”)(for the sake of clarity, reference to the AesthetiksMed Services always includes the AesthetiksMed Platform). You must agree to and accept these Terms, or you don’t have the right to use our Services or access our Platform. 

Section 23 of these Terms contains an arbitration agreement and class action waiver that apply to all claims against AesthetiksMed. Please read them carefully.

If you have any questions, comments, or concerns regarding these Terms or the AesthetiksMed Services, don't hesitate to get in touch with us at [email protected]

By clicking on the “I Accept” button, completing the AesthetiksMed Account registration process, or otherwise accessing or using the AesthetiksMed Platform, you represent that you have read, understand, and agree to be bound by these Terms. By doing so, you represent that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). However, if you are 13 or younger, you are not permitted to use the Services or any of our sites, services, or applications. Suppose you agree to these Terms on behalf of an organization or entity. In that case, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “Client,’ “you,” and “you’re” in these Terms, except for in this sentence, refer to that organization or entity).

2. Changes to these Terms

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time in our sole discretion. Any changes we make will become effective when we post a modified version of these Terms to https://www.aesthetiksmed.com/legal/terms-of-service; when we do so, we will update the “Last Updated” date at the top of the Terms. The updated version of these Terms supersedes all prior versions. Changes to the Terms will apply to your subsequent access and use of our Services. If you have an AesthetiksMed Account with us, when we update the Terms, we will bring it to your attention by placing a notice within the application, sending you an email, and/or by some other means.

If you have an AesthetiksMed Account with us and don’t agree with the new Terms, you are free to reject them; unfortunately, that means you can no longer use the Services. Your login to your AesthetiksMed Account and proceeding to access or use our Services beyond any updated Terms notice on or after the date the updated version of the Terms is effective and binding constitutes your acceptance of the updated version.  If you access or use the Services in any way after a change to the Terms is effective, you agree to all the changes.

3. AesthetiksMed’s Role

AesthetiksMed Services enable third-party businesses who subscribe to the AesthetiksMed Services (each an “AesthetiksMed Subscriber”) to publish, set the fees for, and offer their services (“Subscriber Services” or the “Subscriber Content”) to you, their client (“you” or the “Client”). As a Client, our AesthetiksMed Services allow you to search for, book, and pay for Subscriber Services on our Platform.

AesthetiksMed does not provide or contract for Subscriber Services, and AesthetiksMed does not own, control, offer, manage, or endorse any AesthetiksMed Subscriber or Subscriber Service. Clients and AesthetiksMed Subscribers contract independently for Subscriber Services, and AesthetiksMed is not a party to these contracts. Each Client is solely responsible for selecting the AesthetiksMed Subscriber, the Subscriber Service to be provided, and the location at which services will be performed, whether on the premises of an AesthetiksMed Subscriber or at a site designated by the Client. Any decision by a Client to purchase or receive services by an AesthetiksMed Subscriber is a decision made at such person’s sole discretion and their own risk. You understand and agree that AesthetiksMed is not responsible for the goods and services you purchase through the AesthetiksMed Platform. Third-party merchants, including AesthetiksMed Subscribers and not AesthetiksMed, provide those goods and services. AesthetiksMed Subscribers, and not AesthetiksMed, are responsible for customer service related to Subscriber Services, including the nature, content, and quality of the class or appointment, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with an AesthetiksMed Subscriber’s personnel, policies, or processes. 

Although the AesthetiksMed Services are intended to provide each AesthetiksMed Subscriber’s availability and services in real-time, the information or content that an AesthetiksMed Subscriber makes available through the AesthetiksMed Services is the sole responsibility of that AesthetiksMed Subscriber. Aesthetiksmed is not responsible for the content, accuracy, privacy practices, operations, or any errors or omissions by any AesthetiksMed Subscriber or other third party or the content or information provided by such third party. 

4. Payment Processing

The AesthetiksMed Services allow you to make payments using the methods accepted by AesthetiksMed and the AesthetiksMed Subscriber. Typically, these are card-based methods, including cards bearing the trademarks of Visa Inc., MasterCard International Inc., Discover Inc., and/or American Express Inc. (collectively, the “Networks”). Please note that AesthetiksMed and AesthetiksMed Subscribers may not accept all payment methods, including card-based ones. The Networks accepted by AesthetiksMed and each AesthetiksMed Subscriber are displayed on the AesthetiksMed Platform. We are not a bank and do not offer banking services as defined by the United States Department of Treasury. We also do not provide Money Service Business services as defined by the United States Department of Treasury. AesthetiksMed and AesthetiksMed Subscribers may update the list of payment method types they accept at any time.

5. Authorizing Charges

You must enter your credit card or other payment information by using AesthetiksMed Services to book and pay for Subscriber Services. You must provide accurate and up-to-date information. By completing a booking and paying for Subscriber Services on our Platform, you acknowledge and agree to pay the fees associated with booking the Subscriber Services ("Charges") as described either at the time of reservation or in person with the Subscriber Professional at the time of checkout. Charges include applicable fees for Subscriber Services, plus any tips to the Subscriber Professional that you elect to pay, plus applicable taxes and other applicable fees, if any. After you make a reservation but before the appointment, an authorization hold may be placed on your payment method. Suppose you are entitled to a reversal, refund, chargeback, or other adjustment associated with your purchase through the AesthetiksMed Platform. In that case, you also authorize a credit to your payment card to accomplish that transaction.

If you cannot make your appointment, you must cancel on time to avoid unnecessary charges. However, it is your responsibility to know your AesthetiksMed Subscriber’s cancellation policy. If you cancel your appointment for Subscriber Services, depending on your AesthetiksMed Subscriber, you may be assessed a cancellation fee ("Cancellation Fee"). Cancellation Fees may be equal to all the charges for the reservation.

Charges you authorize through the AesthetiksMed Platform may also be subject to terms and conditions set forth by the Networks and/or the entities that issue your card. You are responsible for complying with those terms and conditions, and you are responsible for charges and related fees and billing terms imposed by those terms and conditions, as well as any fees and/or surcharges imposed by AesthetiksMed or an AesthetiksMed Subscriber. The Network and/or other entity issuing your payment card, and not AesthetiksMed, is responsible for customer service related to your payment card.

6. AesthetiksMed Accounts

You may need to register an account to access and use certain features of the AesthetiksMed Services (“AesthetiksMed Account”) and must keep your AesthetiksMed Account information accurate. Through your AesthetiksMed Account, you may view your history of purchases of Subscriber Services and previous appointments with AesthetiksMed Subscribers. You are solely responsible for managing your AesthetiksMed Account. Your AesthetiksMed Account is non-transferable and may not be sold, combined, or shared with any third party. You’re responsible for any activity associated with your AesthetiksMed Account and must protect the security of your account and your password. We reserve the right to suspend or terminate your AesthetiksMed Account if you provide inaccurate, untrue, or incomplete information or attempt to use your AesthetiksMed Account to engage in illegal or unethical activities.

7. Your Privacy

The personal information that AesthetiksMed collects or receives about you is collected or received on behalf of AesthetiksMed’s Customers (your AesthetiksMed Subscribers). AesthetiksMed is a Service Provider for its Customers (your AesthetiksMed Subscribers), and we comply with applicable privacy laws by acting as such. The processing of your personal information is subject to your AesthetiksMed Subscriber’s respective privacy policy.

For more information on how AesthetiksMed processes Client personal information as a Service Provider to AesthetiksMed Subscribers, please review our Privacy Policy. AesthetiksMed will not retain, use, or disclose Client personal information collected on behalf of an AesthetiksMed Subscriber (our Customer) except for the specific purposes outlined in our Privacy Policy and in compliance with applicable privacy laws.

Please Note:  We do not knowingly collect or solicit personally identifiable information from children under 13. If you are a child under 13, please do not access or use the AesthetiksMed Services, attempt to register an AesthetiksMed Account, or send us any personal information about yourself. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with personal information, please get in touch with us at [email protected].

8. Consent to Text

By providing your mobile phone number to AesthetiksMed, you agree that AesthetiksMed may send you auto dialed Short Message Service (“SMS”) or Multimedia Messaging Service (“MMS”) messages for alerts, confirmations, reminders, service updates, promotions, and other purposes, as well as SMS or MMS messages soliciting your Feedback about the AesthetiksMed Services and your experience interacting with AesthetiksMed’s Support team. Standard message and data rates may apply. If you want to opt out of receiving SMS and MMS messages, contact [email protected].

9. User Content

Parts of the AesthetiksMed Platform enable you to provide feedback, text, photos, audio, video, information, and other content (all “User Content” and collectively with AesthetiksMed Subscriber Content, “Content”). By providing User Content, in whatever form and through whatever means, you grant AesthetiksMed a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit, that Content, without limitation. If User Content includes personal information, our Privacy Policy describes how we use that personal information as a service provider to our Customers (your AesthetiksMed Subscribers). You are solely responsible for all Content you provide and warrant that you either own it or are authorized to grant AesthetiksMed the rights described in these Terms. You are accountable and liable if any of your User Content violates or infringes any third party's intellectual property or privacy rights. Your User Content must comply with the restrictions on use described below in Section 10 of these Terms.

Actions initiated by you on the AesthetiksMed Platform or through the AesthetiksMed Services may irrevocably modify and/or delete User Content.

 

 

 

YOU ACKNOWLEDGE AND AGREE THAT AESTHETIKSMED IS NOT RESPONSIBLE FOR THE LOSS OR MODIFICATION OF ANY USER CONTENT AND THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.

Copyright Policy. AesthetiksMed respects others' intellectual property rights and expects its users to do the same. AesthetiksMed will investigate and respond to notices of alleged infringement that are correctly submitted by our Copyright Policy, as may be updated by AesthetiksMed occasionally. Any data or information submitted to our Services is subject to our Copyright Policy.

10. Restrictions on Use

By using the AesthetiksMed Services, you represent, acknowledge, and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a "Minor"), that you are using the AesthetiksMed App with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the AesthetiksMed Services and agree to these Terms. Suppose you are a parent or legal guardian of a Minor. In that case, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless AesthetiksMed if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the AesthetiksMed Services at any time or in any manner or submit any information on the AesthetiksMed Platform or to AesthetiksMed.

The AesthetiksMed Services and your AesthetiksMed Account may only be used (i) for your own internal, personal use, and not on behalf of or for the benefit of any third party, and (ii) only to the extent that you obey all laws, rules, and regulations applicable to your use of the AesthetiksMed Services. By accessing or using the AesthetiksMed Services and by creating a AesthetiksMed Account, you confirm that you will not access or use the AesthetiksMed Services, including our Platform, and will not make payments in connection with the AesthetiksMed Platform, in a manner that: (1) infringes or violates the intellectual property rights or any other rights of anyone else (including AesthetiksMed); (2) violates any law or regulation; (3) copies, reproduces, alters, modifies, creates derivative works, publicly displays, republishes, uploads, posts, transmits, resells or distributes in any way material or information from AesthetiksMed, including the AesthetiksMed Services and Platform; (4) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, timeshare, offer in a service bureau, or otherwise make the AesthetiksMed Services, including our Platform available to any third party; (5) reverse engineers, decompiles, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the AesthetiksMed Services or Platform; (6) accesses or uses (or allow a third party to access or use) the AesthetiksMed Services, including our Platform for competitive analysis or to build any competing products or services; (7) copies any features, functions, integrations, interfaces or graphics of the AesthetiksMed Services, including our Platform; (8) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (9) indirectly or directly exports the AesthetiksMed Services; (10) jeopardizes the security of your AesthetiksMed Account or anyone else’s (such as sharing your password or account, or allowing someone else to log in to the Services as you); (11) attempts, in any manner, to obtain the password, account, or other security information from any other user; (12) violates the security of any computer network, or cracks any passwords or security encryption codes; (13) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the AesthetiksMed Services, or that otherwise interfere with the proper working of the AesthetiksMed Services (including by placing an unreasonable load on the AesthetiksMed Services’ infrastructure); (14) access or monitor any material or information on any AesthetiksMed system using any manual process or robot, spider, scraper, or other automated means; (15) copies or stores any significant portion of the Content; or (16) otherwise uses or exploits the AesthetiksMed Services, including our Platform, in any manner not expressly permitted by these Terms. Furthermore, concerning any AesthetiksMed application accessed through or downloaded from the App Store, you will comply with the applicable App Store’s terms and policies. You may be required to accept updates to the AesthetiksMed application to continue to use the AesthetiksMed Services.

In addition, You agree not to upload to the AesthetiksMed Services or otherwise post, transmit, distribute, or disseminate through the AesthetiksMed Services, any content that: (a) you have not created yourself or you do not have permission from the copyright owner to do so; (b) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (c) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (d) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (e) contains corrupted data or any other harmful, disruptive, or destructive files; (f) advertises products or services competitive with AesthetiksMed’s or its partners’ products and services, as determined by AesthetiksMed in its sole discretion; or (g) in AesthetiksMed’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the AesthetiksMed Services, or which may expose AesthetiksMed, its affiliates, or users to harm or liability of any nature. 

Any foregoing violation is grounds for terminating your right to use or access the AesthetiksMed Services. In addition, if we reasonably suspect that you have used the AesthetiksMed Services for any unauthorized, illegal, or criminal purpose, you authorize us to share information about you, your AesthetiksMed Account, and/or any of your transactions with law enforcement.

11. Monitoring

You acknowledge that AesthetiksMed has the right, but is not obligated, to monitor the use of the AesthetiksMed Services, verify information provided by Clients and Customers, or pre-screen, edit, or monitor any Content. However, AesthetiksMed reserves the right, at its sole discretion, to refuse, remove, screen, edit, or disable any Content at any time and for any reason without notice. For example, we may review, disable access to, remove, or edit Content to (i) operate, secure and improve the AesthetiksMed (including for fraud prevention, risk assessment, investigation, and customer support purposes); (ii) ensure your compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address User Content or AesthetiksMed Subscriber Content that we determine is harmful or objectionable; and (v) take actions set out in these Terms.

12. Availability & Changes to the AesthetiksMed Services

We’re always trying to improve the AesthetiksMed Services, so they may change over time. We may suspend or discontinue any part of the AesthetiksMed Services, introduce new features, impose limits on certain features, or restrict access to parts or all of the AesthetiksMed Services. We’ll try to give you notice when we make a material change to the AesthetiksMed Services that would adversely affect you, but this isn’t always practical. 

AesthetiksMed makes no representations or warranties about the AesthetiksMed Services' uptime, availability, or permissibility in any particular geographical location. From time to time, scheduled system maintenance or emergency maintenance may occur. During such maintenance periods, the AesthetiksMed Services may be inaccessible and unavailable, with or without notice to you.

13. License Grant to You and Ownership of the AesthetiksMed Services

Subject to your compliance with these Terms, including the Restrictions on Use described in Section 10, AesthetiksMed hereby grants you a personal, limited, non-exclusive, revocable, non-transferable, non-sublicensable, revocable license to access and use the AesthetiksMed Services by these Terms. The AesthetiksMed Services are licensed to you, not sold. AesthetiksMed reserves all rights not expressly granted to you in these Terms. The AesthetiksMed Services are protected by copyright, trade secrets, and other intellectual property laws. AesthetiksMed owns the title, copyright, and other worldwide intellectual property rights in the AesthetiksMed Services and all copies of the AesthetiksMed Services. These Terms of Service do not grant you any rights to AesthetiksMed’s “Marks” (including trademarks; service marks; business, service, and product names; domain names; logos; and publicly available images). You shall not nor knowingly permit a third party to remove or modify AesthetiksMed’s Marks or attribution from the Platform or Services.

14. Feedback

You may choose to, or we may invite you to submit comments or ideas about the AesthetiksMed Services, including without limitation about how to improve the AesthetiksMed Services or our other products (“Feedback"). You represent and warrant that you have all rights necessary to submit Feedback. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place AesthetiksMed under any obligation, and that we are free to use the Feedback without any additional compensation to you and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, AesthetiksMed does not waive any rights to use similar or related ideas previously known to AesthetiksMed or developed by its employees or obtained from sources other than you. AesthetiksMed has no obligation to review or keep any Feedback confidential. AesthetiksMed may use and redistribute Feedback for any purpose without restriction or obligation to acknowledge or compensate you.

15. App Store

Your use of AesthetiksMed’s application (“AesthetiksMed Application”) is subject to these Terms and the additional terms and conditions in this Section.  You acknowledge and agree that the availability of the AesthetiksMed Application depends on the third party from whom you received the AesthetiksMed App license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that (i) these Terms are between you and AesthetiksMed and not with Apple, Google, or their App Stores; (ii) AesthetiksMed, not Apple, Google, or their App Stores, is solely responsible for the AesthetiksMed Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement); and (iii) the AesthetiksMed Application is is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to these Client Terms of Service.  To use the AesthetiksMed Application, you must (1) have access to a wireless network, (2) only use the Application in connection with a mobile device that you own or control, and (3) agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the AesthetiksMed Application. You agree to comply with, and your license to use the AesthetiksMed App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the AesthetiksMed App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.

16. Termination

You may terminate these Terms anytime by closing your AesthetiksMed Account and ceasing to use the AesthetiksMed Services and AesthetiksMed Platform.

We may terminate these Terms and close your AesthetiksMed Account for any reason or no reason (with or without notice) in our sole discretion at any time, including (but not limited to), if you (a) have violated these Terms or any other agreement you have with AesthetiksMed or AesthetiksMed’s policies, (b) pose an unacceptable credit or fraud risk to us, and/or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct on the AesthetiksMed Services, including our Platform.

Suppose your AesthetiksMed App Account is terminated for any reason or no reason. In that case, you agree: (i) to continue to be bound by the surviving Terms listed in Section 25, (ii) to immediately stop using the AesthetiksMed Services, (iii) that the license provided under these Terms shall end, (iv) that we reserve the right (but have no obligation) to delete all of your Content, information, and account data stored on our servers, and (v) that AesthetiksMed shall not be liable to you or any third party for termination of access to the AesthetiksMed Services, or deletion of your information or account data.

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the AesthetiksMed Services or any termination or suspension of the AesthetiksMed Services. Any termination of these Terms does not relieve you of any obligations to pay any fees or costs accrued before the termination and any other amounts owed by you as provided in these Terms.

17. Disclosures & Notices

You acknowledge and agree that AesthetiksMed may provide disclosures and other notices required by law and other information about your access and use of the AesthetiksMed Services to you electronically by posting them on the AesthetiksMed Platform or by emailing the email address listed in your AesthetiksMed Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. You are responsible for delivering AesthetiksMed using your most current email address. Suppose the last e-mail address you provided to AesthetiksMed is not valid or, for any reason, is incapable of delivering any notices required or permitted by these Terms. In that case, AesthetiksMed’s dispatch of the e-mail containing such notice will constitute adequate notice.

18. Third-Party Services

The AesthetiksMed Services may contain links to third-party websites, applications, services, or resources (“Third-Party Services”) subject to different terms and privacy practices. AesthetiksMed is not responsible or liable for any aspect of such Third-Party Services, and links to such Third-Party Services are not endorsements.

19. Disclaimer of Warranties & Conditions

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE AESTHETIKSMED SERVICES ARE PROVIDED ON AN “AS IS'' AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE AESTHETIKSMED SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AESTHETIKSMED SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AESTHETIKSMED OR THROUGH THE AESTHETIKSMED SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, AESTHETIKSMED, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT OR ENDORSE THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY, OR SUITABILITY OF ANY AESTHETIKSMED SUBSCRIBER OR SUBSCRIBER SERVICE OR THAT ANY CONTENT OR INFORMATION PROVIDED THROUGH THE AESTHETIKSMED SERVICES, USED ON, OR MADE AVAILABLE THROUGH THE AESTHETIKSMED SERVICES, ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE AESTHETIKSMED SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE AESTHETIKSMED SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE AESTHETIKSMED SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT AESTHETIKSMED IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE AESTHETIKSMED SERVICES’ INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES, OR FROM YOUR RELIANCE ON THE PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY CONTENT ACCESSED OR OTHERWISE MADE AVAILABLE THROUGH USE OF THE AESTHETIKSMED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SERVICE-PROVIDER OFFERINGS, RATINGS, REVIEWS OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE AESTHETIKSMED SERVICES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE AESTHETIKSMED SERVICES OR THE CONTENT OR SERVICES MADE AVAILABLE THROUGH THE AESTHETIKSMED SERVICES SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE AESTHETIKSMED SERVICES.

AESTHETIKSMED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY, INCLUDING SUBSCRIBER SERVICES AND/OR AESTHETIKSMED SUBSCRIBERS, THROUGH THE AESTHETIKSMED SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AESTHETIKSMED WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

THE DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

20. Limitation of Liability & Damages

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AESTHETIKSMED, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, WORK STOPPAGE, SERVICE INTERRUPTION, SERVICE INTERRUPTION, ACCURACY OF RESULTS OR DATA, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OF OR INABILITY TO USE THE AESTHETIKSMED SERVICES OR CONTENT MADE AVAILABLE THROUGH THE SERVICES, (III) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH OR AS A RESULT OF YOUR USE OF THE AESTHETIKSMED SERVICES, OR (IV) RELIANCE ON AESTHETIKSMED SUBSCRIBER CONTENT OR BOOKING OF A AESTHETIKSMED SUBSCRIBER SERVICE.

UNDER NO CIRCUMSTANCES WILL AESTHETIKSMED BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE AESTHETIKSMED SERVICES YOUR AESTHETIKSMED ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AESTHETIKSMED, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE AESTHETIKSMED SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE AESTHETIKSMED SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE AESTHETIKSMED SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE AESTHETIKSMED SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. 

IN NO EVENT SHALL AESTHETIKSMED’S, ITS PROCESSORS’, AGENTS’, SUPPLIERS’, OR LICENSORS’ (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) AGGREGATE LIABILITY FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR INTERACTION WITH ANY AESTHETIKSMED SUBSCRIBER OR YOUR USE OF OR INABILITY TO USE THE AESTHETIKSMED SERVICES, ANY CONTENT, EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO AESTHETIKSMED IN CONNECTION TO THE AESTHETIKSMED SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIABILITY LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

21. Indemnification

To the fullest extent allowed by applicable law, you agree to release, indemnify, defend (at AesthetiksMed’s option), and hold harmless AesthetiksMed and its affiliates and their respective employees, officers, agents, directors, representatives, contractors, licensors, suppliers and service providers (collectively, the “AesthetiksMed Parties”) from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) any actual or alleged breach by you of these Terms; (b) your improper access to or use of the AesthetiksMed Services (including any actions taken by a third party using your AesthetiksMed Account); or (c) any actual or alleged breach of any laws, regulations or third party rights such as intellectual property or privacy rights. AesthetiksMed reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AesthetiksMed in asserting any available defense and doing so will not otherwise excuse your indemnity obligations.

22. Governing Law & Venue

These Terms will be interpreted by the laws of the State of California without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) excluded from the arbitration agreement in Section 23 must be brought in state or federal court in Los Angeles, California unless we agree to some other location. You and I consent to venue and personal jurisdiction in Los Angeles, California.

23. Dispute Resolution & Arbitration Agreement

Please read the following Dispute Resolution and Arbitration agreement carefully in this Section. 

23.1. Overview of Dispute Resolution Process. AesthetiksMed is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with any AesthetiksMed Subscriber involved in the dispute and the AesthetiksMed customer service team (described in paragraph 23.2, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA''). You and AesthetiksMed each retain the right to seek dispute resolution in small claims court as an alternative to arbitration.

23.2. Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days before initiating an arbitration, you and AesthetiksMed agree to notify the other party and any related AesthetiksMed Subscriber of the dispute in writing and attempt to negotiate an informal resolution in good faith. You must send your notice of disagreement to AesthetiksMed by email at [email protected]. AesthetiksMed will send its notice of dispute to the email address associated with your AesthetiksMed Account or the email or phone number you provide. A notice of disagreement must include the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within 30 days, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

23.3. Agreement to Arbitrate. You and AesthetiksMed mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of the AesthetiksMed Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and AesthetiksMed agree that the arbitrator will decide.

23.4. Exceptions to Arbitration Agreement. You and AesthetiksMed each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and AesthetiksMed agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action and will be stayed pending the outcome of the arbitration under section 3 of the Federal Arbitration Act.

23.5. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator by the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. To initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

23.6. Modification to AAA Rules - Arbitration Hearing/Location. To make the arbitration most convenient to you, AesthetiksMed agrees that any required arbitration hearing may be conducted at your option: (a) in the U.S. County where you reside; (b) in Los Angeles County; (c) via phone or video conference. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on submitting documents to the arbitrator.

23.7. Modification of AAA Rules - Attorney’s Fees and Costs. The AAA Rules shall govern your arbitration fees and your share of arbitrator compensation. Either party may request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

23.8. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules. Still, declaratory or injunctive relief may be granted only individually and to the extent necessary to provide relief warranted by the claimant’s claim.

23.9. Jury Trial Waiver. You and AesthetiksMed acknowledge and agree that we waive the right to a trial by jury for all arbitrable disputes.

23.10. No Class Actions or Representative Proceedings. You and AesthetiksMed acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action, or requested remedy. That claim, cause of action, or requested remedy, and only that claim, cause of action, or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. Suppose a claim, cause of action, or requested remedy is severed under this paragraph. In that case, you and we agree that the claims, causes of action, or requested remedies not subject to arbitration will be stayed until all arbitrable claims, causes of action, and requested the arbitrator resolves remedies.

23.11. Severability. Except as provided in Section 23.10, if any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed, and the remainder of the Arbitration Agreement will be given full force and effect.

23.12. Changes to Agreement to Arbitrate. If AesthetiksMed changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and AesthetiksMed (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and AesthetiksMed.

23.13. Survival. Except as provided in Section 23.11, this Section 23 will survive any termination of these Terms. It will continue to apply even if you stop using the AesthetiksMed Platform or terminate your AesthetiksMed account.

24. Assignment

These Terms and any rights and licenses granted hereunder may not be transferred, delegated, or assigned by you but may be assigned, transferred, or delegated by AesthetiksMed without restriction. This Agreement is binding on the parties and their successors and permitted assigns.

25. Survival

In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect by their terms upon the termination of this Agreement: 2-3, 7-9, 13-14, 16-26. 

26. General Provisions

Except as expressly provided in these Terms, these Terms are a complete and exclusive statement of the mutual agreement between you and AesthetiksMed and describe the entire liability of AesthetiksMed and its vendors and suppliers (including processors) and your exclusive remedy concerning your access and use of the AesthetiksMed Services. These Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. AesthetiksMed shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. In the event of a conflict between these Terms and any other AesthetiksMed agreement or policy, these Terms shall prevail on the subject matter of these Terms. If any provision of these Terms is found to be invalid or unenforceable under applicable law, then it shall be changed to the minimum extent necessary 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. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and AesthetiksMed. You do not have any authority to bind AesthetiksMed in any respect whatsoever. Headings are included for convenience only and shall not be considered when interpreting this Agreement. The Agreement does not limit AesthetiksMed's rights under trade secret, copyright, patent, or other laws. AesthetiksMed’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No term of this Agreement shall be deemed a further or continuing waiver of such or any other term.