The Aesthetic Method, PLLC Website Terms of Use

ARTICLE I

OVERVIEW AND APPLICATION OF TERMS OF USE

General Application

These website terms of use (the “Terms”) govern your use, interaction and transactions conducted on or through the website (the “Website”) for the Aesthetic Method, PLLC (the “Aesthetic Method”) in conjunction with the Privacy Policy, which may be found here.

By accessing, viewing or completing transactions on or through the Website, you acknowledge that you have read and understand the Terms and the Privacy Policy, and agree to be bound by both.

If you do not wish to agree to the Terms or the Privacy Policy, please contact the Aesthetic Method directly to obtain additional information about the Aesthetic Method services, purchase products or book any treatments.

Modification

The Aesthetic Method reserves the right, in its sole discretion, to modify, update or otherwise alter these Terms and the Privacy Policy at any time. Any modifications will become effective on the date they are first posted to this Website. It is your responsibility to review these Terms and the Privacy Policy to apprise yourself of any changes. The Aesthetic Method does not and will not assume any obligation to notify you of changes to these Terms or the Privacy Policy, unless otherwise expressly stated.

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 the Aesthetic Method to obtain additional information about Aesthetic Method services and products, book appointments, purchase products and to contact the Aesthetic Method 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.

Registration May be Required

Certain features of the Website may require that you create and register an account. In such an event, you agree to provide complete and accurate information and to update information as may be necessary in order to access and use the features.

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.

ARTICLE III

WEBSITE AND CONTENT OWNERSHIP

The information and material contained on this Website, including all images, photographs, writings, designs, data, and other materials are and shall remain the property of the Aesthetic Method and are protected by copyrights, trademarks, trade secrets, or other proprietary rights, whether or not registered. Permission is granted to display, copy, distribute, download, and print portions of this Website solely for the purposes of using this Website as set forth in Article I and for the contemplated transactions permitted herein.

You shall comply with all copyright laws in your use of this Website and prevent unauthorized copying of the contents. Except as provided in this Article, the Aesthetic Method does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

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 THE AESTHETIC METHOD SHALL BE NONREFUNDABLE AND NONEXCHANGEABLE.

Third-Party Sellers

The Aesthetic Method 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 the Aesthetic Method, the third-party manufacturer or seller’s terms and conditions, including any warranties, disclaimers or return policies, shall apply. You understand and agree that Aesthetic Method is not responsible for any claims or causes of action concerning services or products provided by third-party manufacturers or sellers.

Gift Card Policy

The Aesthetic Method 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

The Aesthetic Method 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 48 hours prior to the appointment.

YOU UNDERSTAND AND AGREE THAT ANY CANCELLATION LESS 48 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 the Aesthetic Method, 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 Aesthetic Method.

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 the Aesthetic Method (the “Booking System”).

Currently, the Booking System utilized by the Aesthetic Method 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 the Aesthetic Record:

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 the Aesthetic Method via telephone. Aesthetic Method 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 the Aesthetic Method 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 Aesthetic Method’s 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 the Aesthetic Method. 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 the Aesthetic Method. The Aesthetic Method 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 the Aesthetic Method. Links to third-party websites do not imply that the Aesthetic Method 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 the Aesthetic Method, 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, the Aesthetic Method does not warrant reliability of any statement or other information displayed or distributed through the Website. The Aesthetic Method reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. The Aesthetic Method 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. THE AESTHETIC METHOD 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, THE AESTHETIC METHOD 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

YOU AGREE THAT THE AESTHETIC METHOD, 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 THE AESTHETIC METHOD 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 THE AESTHETIC METHOD 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.

Indemnification

You agree to indemnify, defend, and hold harmless the Aesthetic Method, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Website, violation of these Terms, violation of any law or regulation, or violation of any proprietary or privacy right.

ARTICLE VII

The Aesthetic Method 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 info@theaestheticmethod.com 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 the Aesthetic Method can locate it;

Your address, telephone number, and, if available, e-mail address, so that the Aesthetic Method 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, the Aesthetic Method 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 and Venue

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 Oakland 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 the Aesthetic Method 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 the Aesthetic Method 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.

Communication with the Aesthetic Method

If you have any questions about these Terms, the Privacy Policy or the practices of or your dealings with the Website, please contact the Aesthetic Method at the following email address: info@theaestheticmethod.com.

Payment Methods