Terms and Conditions
Direct Aesthetics, PLLC Website Terms of Use
ARTICLE I OVERVIEW AND APPLICATION OF TERMS OF USE
General Application
Please read these Terms of Use (“Terms“, “Terms of Use“) carefully before using the www.direct-aesthetics.com website (the “Website“, “Service“) operated by Direct Aesthetics, PLLC. (“us”, “we” , or “our”).
Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Website. Please contact Direct Aesthetics, PLLC directly to obtain additional information about Direct Aesthetics, PLLC services, purchase products or book any treatments.
These Terms apply to all visitors, users and others who wish to access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Website.
Modification
Booking of Services - Age 18 or Older
You understand and agree that you must be 18 years of age or older to book any services or have your parent or guardian’s written consent. Only those who are 18 years old are permitted to register an account for online booking.
ARTICLE II USE OF THE WEBSITE
Purpose of the Website
The purpose of this Website is to allow current and future clients of Direct Aesthetics, PLLC to obtain additional information about Direct Aesthetics, PLLC services and products, book appointments, purchase products and to contact Direct Aesthetics, PLLC with any questions or comments that you may have. Any other use of this Website is prohibited.
NO MEDICAL ADVICE BEING PROVIDED OR PATIENT-PROVIDER RELATIONSHIP CREATED
Nothing on the Website is intended to, nor shall it be construed as providing medical advice of any kind or creating a patient-provider relationship through merely visiting the Website. Any content contained on the Website is provided for informational purposes only and should not be treated as a substitute for personalized medical advice or aesthetic recommendations based upon your individualized needs, health conditions and aesthetic goals. Descriptions of specific aesthetic procedures and treatments are offered for informational purposes only and are not intended to represent a specific result or outcome.
Communications
By creating an Account on our Website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Purchases
If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
- you have the legal right to use any credit card(s) or other payment method(s)
- in connection with any Purchase;
- the information you supply to us is true, correct and complete.
The Website may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Prohibited Conduct
To the extent that you use any feature of the Website permitting communications or posting of messages, you agree that you will not post, transmit or otherwise message material containing the following:
- Any defamatory, threatening, obscene, harassing, injurious or unlawful information.
- Any advertisements, solicitations, spam, chain letters, or other similar types of communications.
- Unauthorized use or disclosure of private, personally identifiable information of others.
- Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
Fee Changes
- Direct Aesthetics, PLLC., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
- Direct Aesthetics, PLLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Website after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Termination
We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Website.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
ARTICLE III WEBSITE AND CONTENT OWNERSHIP
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright.
Intellectual Property
The Website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Direct Aesthetics, PLLC. and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Direct Aesthetics, PLLC.
Our Website may contain links to third party web sites or services that are not owned or controlled by Direct Aesthetics, PLLC.
Direct Aesthetics, PLLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities individuals or their websites.
You acknowledge and agree that Direct Aesthetics, PLLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
ARTICLE IV MERCHANDISE AND PRODUCT RETURN POLICIES; GIFT CARDS, BOOKING APPOINTMENTS AND CANCELLATION POLICY
NO RETURNS OR EXCHANGES
UNLESS OTHERWISE STATED, ANY PURCHASE OF MERCHANDISE, PRODUCTS OR GIFT CARDS FROM DIRECT AESTHETICS, PLLC SHALL BE NONREFUNDABLE AND NONEXCHANGEABLE.
Third-Party Sellers
The Direct Aesthetics, PLLC Website may include links to third-party manufacturers or sellers only as a courtesy to users. To the extent that the Website includes links to other websites for the sale of merchandise, products or other goods unaffiliated with Direct Aesthetics, PLLC, the third-party manufacturer or seller’s terms and conditions, including any warranties, disclaimers or return policies, shall apply. You understand and agree that Direct Aesthetics, PLLC is not responsible for any claims or causes of action concerning services or products provided by third-party manufacturers or sellers.
Gift Card Policy
Direct Aesthetics, PLLC offers gift cards for purchase on the Website. The purchase of gift cards will utilize a third-party payment processor, as stated in Article V. GIFT CARDS MUST BE USED WITHIN FIVE (5) YEARS OF THE PURCHASE DATE OR THEY WILL NOT BE HONORED. GIFT CARDS HAVE NO MONETARY VALUE AND SHALL NOT BE PAID OUT IN THE EVENT THAT THE GIFT CARD IS NOT USED.
Booking Appointments
Direct Aesthetics, PLLC offers online booking of appointments via a third-party provider website. Online booking of appointments shall be on a first-come, first-served basis.
Cancellation Policy
You understand and agree that if you need to cancel an appointment after you have booked it, you MUST cancel at least 24 hours prior to the appointment. If a patient fails to show up for their appointment without prior notice, they will be charged $75. For group appointments, there is a 72-hour cancellation policy, and the credit card on file will be charged $200 if canceled less than 72 hours in advance.
Individual Appointments
YOU UNDERSTAND AND AGREE THAT ANY CANCELLATION LESS 24 HOURS OR LESS BEFORE THE SCHEDULED APPOINTMENT SHALL BE SUBJECT TO A NON-REFUNDABLE CANCELLATION FEE OF TWO HUNDRED ($75.00) DOLLARS, WHICH WILL BE CHARGED TO THE CREDIT CARD YOU HAVE ON FILE.
Group Appointments
YOU UNDERSTAND AND AGREE THAT ANY CANCELLATION LESS 72 HOURS OR LESS BEFORE THE SCHEDULED APPOINTMENT SHALL BE SUBJECT TO A NON-REFUNDABLE CANCELLATION FEE OF TWO HUNDRED ($200.00) DOLLARS, WHICH WILL BE CHARGED TO THE CREDIT CARD YOU HAVE ON FILE.
ARTICLE V THIRD-PARTY LINKS AND PROVIDERS
Certain third-party websites are included as links within the Website for specific purposes including the purchase of products, gift cards and other merchandise directly from Direct Aesthetics, PLLC, the purchase of products manufactured and sold by third-party suppliers, and the creation and registration of an account through a third-party vendor, which allows you to book appointments for services with Direct Aesthetics, PLLC.
Use of Third-Party Vendor Booking System
The booking system is a website that is created, operated and maintained by a third-party provider, which allows you to create and register an online account for purposes of booking appointments for services to be provided by Direct Aesthetics, PLLC (the “Booking System”).
Currently, the Booking System utilized by Direct Aesthetics, PLLC is Aesthetic Record, an unaffiliated third-party vendor that provides booking management software and systems. In order to utilize the Booking System, you will be redirected to the Aesthetic Record website.
You will be required to submit to the third-party your personal information including, without limitation, your full name, date of birth, address, telephone number, and payment information in order to create and maintain the account and book services online through the third-party vendor’s website.
It is important that you familiarize yourself with the terms of use or service for the third-party vendor’s website and ensure that you check back often for updates. By creating and maintaining an account through the Booking System, you are agreeing to the terms of use or service and the privacy policy of the third-party vendor and its website.
Below are both the terms of service and the privacy policy for Direct Aesthetics, PLLC: https://aestheticrecord.com/terms-of-service/
If you do not wish to create an account or do not agree to the terms of use or service or the privacy policy, you may book any services directly by contacting Direct Aesthetics, PLLC via telephone. Direct Aesthetics, PLLC reserves the right to change third-party vendors, at any time, without notice.
Use of Third-Party Payment Processors
Certain transactions involving the sale of products, gift cards and other merchandise sold directly by Direct Aesthetics, PLLC will involve the use of a third-party payment processor (the “Payment Processor”).
In order to complete a transaction, you will be required to submit certain personal information to the Payment Processor including, but not limited to, your name, billing and shipping address, telephone number, email address, credit card information and related information necessary to process the transaction. To learn more about the use of Payment Processors and your privacy rights, please review the Direct Aesthetics, PLLC Privacy Policy. and the respective policies of each Payment Processor.
If you do not wish to be bound by the terms of service or privacy policy of any Payment Processor, you may purchase items directly from Direct Aesthetics, PLLC. By conducting the transaction at issue, you agree to be bound by those terms of service and privacy policy maintained by the applicable Payment Processor.
Your Obligations in Dealing with Third-Party Websites
Again, you understand and agree that you shall be solely responsible for reviewing the terms of use and privacy policies for any third-party websites that are included as a link to the Website and that your use of those third-party websites may constitute agreement to the respective terms of use and privacy policies.
DISCLAIMER OF LIABILITY FOR THIRD-PARTY WEBSITES
Any third-party websites which are linked within the Website are linked as a convenience or courtesy only. You understand by clicking on any third-party website links you are leaving the Website and do so at your sole and absolute risk.
The content, accuracy, opinions expressed, and other links to third-party websites are not investigated, monitored or endorsed by Direct Aesthetics, PLLC. Direct Aesthetics, PLLC does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Website other than the information authored by Direct Aesthetics, PLLC. Links to third-party websites do not imply that Direct Aesthetics, PLLC or this Website sponsors, endorses, is affiliated or associated with such third-party websites.
ARTICLE VI DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; AND INDEMNIFICATION
Disclaimer of Warranties
You expressly agree that your use of this Website is at your sole risk. Neither Direct Aesthetics, PLLC, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, completeness, reliability, security, or currency of the content contained herein.
The Website may contain errors, omissions, inaccuracies, or outdated information. Further, Direct Aesthetics, PLLC does not warrant reliability of any statement or other information displayed or distributed through the Website. Direct Aesthetics, PLLC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Direct Aesthetics, PLLC may make any other changes to this Website, the content and the products, programs, services, or prices, if any, described in this Website at any time without notice.
THIS WEBSITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. DIRECT AESTHETICS, PLLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DIRECT AESTHETICS, PLLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
Limitation of Liability
In no event shall Direct Aesthetics, PLLC, nor its directors, employees, partners, agents, suppliers, or affiliates, 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
- your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website;
- any content obtained from the Website;
- unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
YOU AGREE THAT DIRECT AESTHETICS, PLLC, ITS OWNERS, EMPLOYEES, AGENTS AND PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE WEBSITE, ITS CONTENT, OR INFORMATION REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL DIRECT AESTHETICS, PLLC OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THESE TERMS, REGARDLESS OF WHETHER DIRECT AESTHETICS, PLLC OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Idemnification
You agree to defend, indemnify and hold harmless Direct Aesthetics, PLLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Website, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Website.
ARTICLE VII DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998
Direct Aesthetics, PLLC values the intellectual property rights of others. To that end, you should be aware, as a visitor to the Website, that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that any content made available in connection with the Website infringes your copyright, you may send us a DMCA-compliant notice via the email address [email protected] the following information:
- Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works within the Website are being reported, a representative list of such works at the Website;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Website so that Direct Aesthetics, PLLC can locate it;
- Your address, telephone number, and, if available, e-mail address, so that Direct Aesthetics, PLLC may contact you about your complaint;
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agents, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Upon obtaining any DMCA-compliant notice, Direct Aesthetics, PLLC will move quickly to remove or disable access to the offending material. Please be aware that there are substantial penalties for false claims that are submitted in the name of DMCA violations.
ARTICLE VIII GENERAL PROVISIONS
Governing Law
The laws of the State of Michigan shall govern the interpretation, enforcement and application of these Terms, without reference to conflicts of law principles. Any dispute arising out of or relating to these Terms shall be brought before a court of competent jurisdiction having jurisdiction over Kent County, Michigan. By accessing the Website, you agree that, regardless of your state of residence, the forum identified herein is convenient and that you shall submit to the jurisdiction. You understand and agree that Direct Aesthetics, PLLC makes no representations that the materials or content contained herein, including services or products offered, are appropriate or available for use outside the United States. If you access this Website from outside the United States, you will be responsible for compliance with all local laws.
Electronic Communications and Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from Direct Aesthetics, PLLC solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
Contact
If you have any questions about these Terms, the Privacy Policy or the practices of or your dealings with the Website, please contact the Direct Aesthetics, PLLC at the following email address: [email protected].
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