By checking the box to sign up for one or more text messaging programs, or by checking / clicking the consent in / to any other promotion and / or advertising on social media (for instance Facebook, Instagram), search engines (for instance Google, Bing) and other similar means, you expressly consent to receive non-marketing and marketing text messages from Flawless Medical Aesthetics Franchising LLC and / or from independently owned Flawless Medical Aesthetics locations and / or third parties working on behalf of Flawless Medical Aesthetics Franchising LLC or on behalf of independently owned Flawless Medical Aesthetics locations. You expressly agree that the above listed entities may deliver communications to you at the telephone number and email supplied during the registration process even if your telephone numbers are on any Do Not Call (or similar) list so it will not be considered unauthorized by any local, state or federal law or regulation. Communications may be made using a phone, a mobile phone, a computer, an automatic telephone dialing system, a text message from Flawless Medical Aesthetics’ services, products, promotions, appointments and similar. You agree and understand that you are not required to opt into this program to purchase goods or services. You may opt out or unsubscribe at any time by providing notice to the above listed entities (Flawless Medical Aesthetics Franchising LLC and / or independently owned Flawless Medical Aesthetics locations and / or third parties working on behalf of Flawless Medical Aesthetics Franchising LLC or on behalf of independently owned Flawless Medical Aesthetics locations).
You also accept and agree to be bound by these SMS Terms and Conditions, the Flawless Medical Aesthetics Franchising LLC website Terms of Use and Privacy Policy, and any other applicable terms and agreements related to your use of Flawless Medical Aesthetics’ services.
Program Details: Flawless Medical Aesthetics Appointment Reminders and Promotional Communications.
How to Opt-Out: To stop receiving text messages from Flawless Medical Aesthetics, text reply “STOP” or email info@flawlessmedaesthetics.com to request removal from the text message program.
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 Flawless Medical Aesthetics immediately if you change your mobile telephone number. You may notify Flawless Medical Aesthetics of a number change by emailing info@flawlessmedaesthetics.com
You agree to indemnify Flawless Medical Aesthetics in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Flawless Medical Aesthetics if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Frequency of Messages: The number of texts you receive per month will depend on your settings and account activity. The text messages that we provide are being delivered as a convenience to you for information or marketing purposes.
Cost: Message and data rates may apply to each text message sent or received in connection with Flawless Medical Aesthetics text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.
Privacy: Flawless Medical Aesthetics’ U.S. privacy statement is available at http://www.flawlessmedaesthetics.com/privacy-policy
No Guaranteed of Access or Delivery: Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. Content is not available on all carriers and carrier participation could change. Carriers are not liable for delayed or undelivered messages. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Flawless Medical Aesthetics’ control, and Flawless Medical Aesthetics is not responsible or liable for issues arising from them.
Modifications and Updates to Terms and Conditions: Flawless Medical Aesthetics may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Flawless Medical Aesthetics’ website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Flawless Medical Aesthetics text messages will indicate your acceptance of those changes.
Termination of Text Messaging: Flawless Medical Aesthetics may suspend or terminate your receipt of Flawless Medical Aesthetics text messages if Flawless Medical Aesthetics believes you are in breach of these SMS Terms and Conditions. Your receipt of Flawless Medical Aesthetics text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Flawless Medical Aesthetics reserves the right to modify or discontinue, temporarily or permanently, all or any part of Flawless Medical Aesthetics text messages, with or without notice.
Dispute Resolution: Mandatory Bilateral Arbitration, Class Action waiver. Please read this carefully. It affects your rights. YOU AND FLAWLESS MEDICAL AESTHETICS AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS SMS TERMS AND CONDITIONS AGREEMENT OR THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Flawless Medical Aesthetics hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and Flawless Medical Aesthetics agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FLAWLESS MEDICAL AESTHETICS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND FLAWLESS MEDICAL AESTHETICS ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.