WEBSITE TERMS AND CONDITIONS OF USE

Last updated September 28, 2023

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Mia Aesthetics (“Mia Aesthetics,” “we,” or “us“”). The following terms and conditions (the “Terms of Use”), and any documents incorporated herein by reference, govern your access to and use of miaaesthetics.com, including any content, functionality, and services offered on or through miaaesthetics.com (the “Website”). Please read these Terms of Use carefully before you use our Website. By using our Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://miaaesthetics.com/website-privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you may not and must not access or use the Website. This Website is offered and made available only to users who are 18 years of age or older, and who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements, and if you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and shall apply to all access to and use of the Website thereafter. You agree that your continued use of the Website following the posting of revised Terms of Use shall mean that you accept and agree to the changes. You agree that it is your responsibility to check this page from time to time so that you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw, modify, alter, or amend this Website, and any service(s) or material(s) we provide on the Website, in our sole discretion, at any time, without notice. We shall not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to any or all of the Website to users, including registered users. You are responsible for both:
  • Making any and all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
In order to access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You represent and warrant that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://miaaesthetics.com/website-privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you are provided with or are requested to choose a user name, password, or any other piece of security information as part of account formation (your “Credentials”), you must treat such information as confidential and not disclose it to any other person or entity. You acknowledge that any account you create on the Website is personal to you and agree not to provide any other person with access to this Website or portions of it using your Credentials. You agree to notify us immediately of any unauthorized access to or use of your Credentials or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any Credentials, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Consent to Receive Phone and Text Messages

By providing your telephone number, you agree to receive phone calls and text messages from us via automated dialing technology to discuss our services. This agreement is not a condition to purchase services. Message frequency varies. Message and data rates may apply. You accept and agree to be bound and abide by the SMS Terms and Conditions, found at https://miaaesthetics.com/website-sms-terms-and-conditions/, incorporated herein by reference.

Consent to Receive Notices Electronically Via Email

You consent to receive any notices, disclosures, or other communications from us electronically via email. Electronic communications are further governed by our Privacy Policy https://miaaesthetics.com/website-privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights

The Website and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Mia Aesthetics, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not:
  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website;
  • Modify copies of any materials from this site;
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website;
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Notwithstanding the foregoing, you may (1) temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and (2) you may store files that are automatically cached by your Web browser for display enhancement purposes. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Mia Aesthetics. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Mia Aesthetics name, the term Mia Aesthetics, and all related names, and product and service names are trademarks of Mia Aesthetics or its affiliates or licensors. You must not use such marks without the prior written permission of Mia Aesthetics.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Mia Aesthetics, Mia Aesthetics employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Mia Aesthetics or users of the Website, or expose them to liability.
Additionally, you agree not to:
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS MIA AESTHETICS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Mia Aesthetics, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Mia Aesthetics. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy https://miaaesthetics.com/website-privacy-policy/. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to:
  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MIA AESTHETICS NOR ANY PERSON ASSOCIATED WITH MIA AESTHETICS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MIA AESTHETICS NOR ANYONE ASSOCIATED WITH MIA AESTHETICS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, MIA AESTHETICS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MIA AESTHETICS, ITS AFFILIATES, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Mia Aesthetics, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, 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 Florida 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 Florida 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 Mia Aesthetics, 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 Miami-Dade County, Florida. Location of Arbitration: Arbitration shall take place solely and exclusively in Miami-Dade County, Florida, 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 MIA AESTHETICS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR MIA AESTHETICS’ 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.

Waiver and Severability

No waiver by Mia Aesthetics of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mia Aesthetics to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, SMS Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Mia Aesthetics regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Consent of Communication
**By checking this box and submitting this form, I consent by electronic signature to be contacted by Mia Aesthetics by live agent, email & automatic telephone dialer for information, offers or advertisements via email/ phone call/ text message at the number & email provided. I consent to call recording of all phone calls to and with Mia Aesthetics. I am not required to sign this document as a condition to purchase any goods or services. I understand that I can revoke this consent at any time by providing notice to Mia Aesthetics. Message data rates may apply. Message frequency may vary. To learn more, see our Privacy Policy, SMS Terms and Conditions, and Terms of Use.