Last updated February 6th, 2024
Please read these terms and conditions carefully. By providing your telephone number(s) and confirming your acceptance of SMS/text messages from Skin Savvy Medical Spa, through electronic and/or digital means, you expressly consent to receive recurring non-marketing and marketing text messages from Skin Savvy Medical Spa, and others texting on behalf of Skin Savvy Medical Spa, including text messages made with an automatic telephone dialing system, at the telephone number(s) that you provide. Your consent is not required to purchase any goods or services. You may opt out of these communications at any time. Message and data rates may apply. Message frequency varies.
You also accept and agree to be bound by these SMS Terms and Conditions, our Privacy Policy, our Terms of Service and any other applicable terms and agreements related to your use of Skin Savvy Medical Spas’ services.
If you do not consent to these SMS Terms And Conditions and do not agree to receive electronic disclosures, you must immediately stop using the SMS services that you have received and contact us as provided below.
PROGRAM DESCRIPTION
Skin Savvy Medical Spa and its service providers may use an automatic telephone dialing system to deliver text messages to you. Skin Savvy Medical Spa text messages are intended to provide you with information about Skin Savvy Medical Spa’s goods and services, including information, offers and advertisements.
COST
Message frequency varies. Message and data rates may apply to each text message sent or received in connection with Skin Savvy Medical Spa text messages as provided in your mobile telephone service rate plan, in addition to any applicable roaming charges. Please contact your mobile telephone carrier for pricing plans.
HOW TO OPT IN
To opt in to receive text messages from Skin Savvy Medical Spa, you can opt in from by submitting your information on our Website, Google or Facebook or text SAVVY to 310 374 4181 or 805 553 6861. You can also opt in by scanning our QR code.
HOW TO OPT OUT
To stop receiving text messages from Skin Savvy Medical Spa, use the mobile phone corresponding to the number enrolled in Skin Savvy Medical Spa text messages and reply “REMOVE” or “STOP” in response to a text message from Skin Savvy Medical Spa text messaging program or text “REMOVE” or “STOP” to 310 374 4181 or 805 553 6861. You will then receive confirmation of your opt-out. This will only opt you out of the specific text messaging program associated with that phone number and you will remain opted in to any other text messaging programs where you have enrolled.
To receive messages again, just reply START to 310 374 4181 or 805 553 6861.
YOUR MOBILE TELEPHONE NUMBER
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Skin Savvy Medical Spa immediately if you change your mobile telephone number. You may notify Skin Savvy Medical Spa of a number change by contacting Customer Care at: dreamteam@skinsavvy.com or by calling +1-310-561-5030.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS SKIN SAVVY MEDICAL SPA AND ITS AFFILIATES AND BRAND PARTNERS FROM ANY CLAIM OR LIABILITY, INCLUDING BUT NOT LIMITED TO ALL CLAIMS, EXPENSES, AND DAMAGES, RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE NUMBER YOU PROVIDED.
PRIVACY
Please click this link to access Skin Savvy Medical Spa’s Privacy Policy.
CARRIERS
Carriers are not liable for delayed or undelivered messages. SMS text message delivery is not always predictable. SMS text message notifications may be delayed or not received.
ACCESS OR DELIVERY TO MOBILE NETWORK IS NOT GUARANTEED
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control of Skin Savvy Medical Spa, and Skin Savvy Medical Spa is not responsible or liable for issues arising from them.
SUPPORT/HELP
For help or support, reply “HELP” in response to a text message from Skin Savvy Medical Spa text messaging program or text “HELP” to 310 374 4181 or 805 553 6861. You may also receive help by e-mailing dreamteam@skinsavvy.com or by calling +1-310-561-5030.
ELIGIBILITY
To receive Skin Savvy Medical Spa text messages, you must be a resident of the United States and 18 years of age or older. Skin Savvy Medical Spa reserves the right to require you to prove that you are at least 18 years of age.
CHANGES TO TERMS AND CONDITIONS
Skin Savvy Medical Spa may revise, modify, or amend these SMS Terms and Conditions at any time. We will provide notice of any such revision, modification, or amendment through reasonable means, including but not limited by email to any email address you provide or by text message to any telephone number you provide. Said revision, modification, or amendment shall not apply retroactively and will not be effective until seven (7) days after we provide notice. If you do not agree to the revision, modification, or amendment, you must opt-out of Skin Savvy Medical Spa text messages within the 7-day notice period. If you do not opt-out, you will be deemed to have accepted the revision, modification, or amendment.
TERMINATION OF TEXT MESSAGING
Skin Savvy Medical Spa may suspend or terminate your receipt of Skin Savvy Medical Spa text messages for any reason, including if Skin Savvy Medical Spa believes you are in breach of these SMS Terms and Conditions. Your receipt of Skin Savvy Medical Spa text messages is also subject to termination if your mobile telephone service terminates or lapses. Skin Savvy Medical Spa reserves the right to modify or discontinue, temporarily or permanently, all or any part of Skin Savvy Medical Spa text messages, with or without notice.
COMMUNICATIONS AND CONSENT TO ELECTRONIC NOTICES
You may communicate with Skin Savvy Medical Spa via postal mail, telephone, and our website. Skin Savvy Medical Spa may issue notices via various channels, including by sending email to an address you provide. You agree that such notices shall have legal effect.
You also agree that notices sent by email satisfy any requirement that notices be provided in writing. If you do not agree, do not use Skin Savvy Medical Spa products or services.
Your consent to receive electronic communications applies as of the date on which you opt-in, which consent continues and extends thereafter. You may have the right to withdraw your consent to receive certain electronic communications, and when required by law, Skin Savvy Medical Spa will provide you with paper copies upon request at no charge. You may make such a request via any of the channels listed above. If you withdraw your consent, Skin Savvy Medical Spa reserves the right to terminate your use of Skin Savvy Medical Spa products or services.
To receive, access, and retain the notices that Skin Savvy Medical Spa sends via email, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you can receive, access, and retain the notices that Skin Savvy Medical Spa may send. You may update your contact information by contacting Customer Care at: dreamteam@skinsavvy.com or by calling +1-310-561-5030.
CONTACT US
If you have questions regarding these SMS Terms and Conditions, please reach out to us by contacting Customer Care at: dreamteam@skinsavvy.com or by calling +1-310-561-5030
GOVERNING LAW AND JURISDICTION
All matters relating to these SMS Terms and Conditions, and any dispute or claim arising therefrom or related thereto (i.e., claims which do not arise out of or relate to surgical services provided to a Patient pursuant to the Patient Surgical Agreement – Terms & Conditions), including but not limited to claims arising under or related to the Telephone Consumer Protection Act (TCPA) (collectively, the “Subject Matters”), shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, the Subject Matters shall be submitted to
MANDATORY, FINAL AND BINDING ARBITRATION
with the American Arbitration Association, in accordance with the Federal Arbitration Act (9 U.S.C. Section 1, et seq.) which shall apply to any such proceedings, including any actions to compel, enforce, vacate or confirm proceedings, awards, or orders of an arbitrator. No alternative dispute resolution agency other than the American Arbitration Association shall have jurisdiction to administer any claim arising out of or relating to the Subject Matters.
You acknowledge that you are giving up any right you may have to sue or bring any claim in a court of law. You acknowledge that you are giving up constitutional rights to have your claims decided in a court of law or before a jury and instead accepts the use of BINDING ARBITRATION as the EXCLUSIVE means to resolve such disputes.
These Terms of Use, including the use of mandatory and binding arbitration, shall bind you, your heirs, successors, assigns and all claimants whose claims may arise out of or are related to the Subject Matters.
A claim shall be waived and forever barred if (1) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable California statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence.
NOTICE OF ARBITRATION
A demand for arbitration must be communicated in writing by U.S. mail, postage prepaid, to all parties, describing the claim against Skin Savvy Medical Spa, the amount of damages sought, and the names, addresses and telephone numbers of the claimant, and (if applicable) his/her attorney.
SELECTION OF ARBITRATOR
A single neutral arbitrator with the American Arbitration Association shall be designated to preside over the arbitration proceedings. The Arbitrator shall reside or have a principal place of business in Los Angeles County, California.
LOCATION OF ARBITRATION
Arbitration shall take place solely and exclusively in Los Angeles County, California, to the exclusion of any other venue or jurisdiction without objection.
AUTHORITY OF ARBITRATOR
The arbitrator shall render a binding and legally enforceable award that may be confirmed by a court of competent jurisdiction upon application of the prevailing party. Any decision rendered by the arbitrator shall be binding upon both parties except that the arbitrator may not grant any relief that is inconsistent with the provisions of these Terms of Use and may not grant punitive or exemplary damages as a result of any claim.
Each party retains the right to seek judicial assistance to: (i) compel arbitration; and (ii) enforce any decision of the arbitrator, including the final award.
COST OF ARBITRATION AND RECOVERABLE ATTORNEY FEES
Each Party to the arbitration shall bear their own costs, fees, and expenses. The arbitrator’s fees and expenses and any associated arbitration costs shall be split by the parties as follows: Claimant(s) are collectively responsible for 50% and Respondent(s) are collectively responsible for 50%.
In the event any provision(s) of these Terms of Use are declared void and/or unenforceable, such provision(s) shall be deemed severed therefrom and the remainder of the Terms of Use enforced in accordance with the law of the state of jurisdiction.
CLASS-ACTION WAIVER; GROUP ACTION WAIVER; ANTI-CONSOLIDATION
YOU AND SKIN SAVVY MEDICAL SPA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR SKIN SAVVY MEDICAL SPA’S INDIVIDUAL CAPACITY AND NOT AS A CLAIMANT, PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS-ACTION, GROUP ACTION OR REPRESENTATIVE ACTION. ADDITIONALLY, NO ARBITRATOR OR JUDGE SHALL BE PERMITTED TO CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF ANY REPRESENTATIVE OR CLASS PROCEEDING.