These Terms of Service (the “Terms”), constitute a legally binding agreement between you and SUR MedSpa (referred to as the “Company”, “we”, “our” or “us”) governing your use of our services through the SUR MedSpaPlatform (as defined below), the Company’s website (SUR MedSpa.com or the “Site”), or other mobile applications (collectively, the “Services”). The platform services provided by Company, the Site and mobile applications together are hereinafter collectively referred to as the “SUR MedSpaPlatform” or the “Platform”.
Your use of the Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms, our Privacy Policy (the “Privacy Policy”) available at www.surmedspa.com/privacy, and any community guidelines, policies, or rules now in force or enacted in the future, and any amendments and additions to these Terms as we may publish from time to time, as well as your compliance with all applicable laws. The Privacy Policy, and any community guidelines, policies, or rules now in force or upon their future enactment, are incorporated by reference into these Terms and together form and are hereinafter referred to collectively as this “Agreement”, wherein each of SUR MedSpaand you are a “Party”, and collectively “Parties”, to this Agreement.
Subject to your agreement to and compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Platform on your personal devices solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by the Company.
We may update or change these Terms, from time to time, and recommend that you review these Terms on a regular basis. If we make changes to these Terms, the revised version of these Terms will be posted on our website. You understand and agree that your continued use of our Services after these Terms have changed constitutes your acceptance of these Terms, as revised. Without limiting the foregoing, if we make a change to these Terms that materially impacts your use of our Services, we may post notice of any such change on our website, notify you as you login to use our Service, and/or email you notice of any such change to the email address submitted in connection with your account.
This Agreement contains a Dispute Resolution provision (see Section 17) that requires you to resolve disputes with the Company on an individual basis, through final and binding arbitration. By entering this Agreement, you expressly acknowledge that you have read and understand all of the terms of this Agreement, including the individual arbitration requirements set forth in Section 17.
SUR MedSpa provides a Platform, which may comprise a mobile application, by which an individual who is registered with the Platform (a “Customer”) can request and schedule a session wherein a qualified medical professional who is registered with the Platform (a “Provider”) can provide minimally invasive medical aesthetics services ( “Treatment(s)”). The Treatment provided will be chosen from one of various possible “Treatment Modalities”—examples of which may include such treatments as BOTOX®, DYSPORT®, JUVÉDERM®, VOLUMA® or RESTYLANE®—that are made available through the Platform. A Consumer who requests a Treatment through the Platform may be referred to as the “Recipient” of that Treatment. When a Consumer has submitted, through the Platform, a request for a Treatment at a time and location, and the Platform has successfully matched the Consumer with a Provider who is to provide that Treatment at the requested time and location, the requested Treatment may be referred to as a “Scheduled Treatment”.
As used herein, the term “User” refers to any user of the Platform, including both Consumers and Providers, as the context requires. In order to become a Consumer or Provider, that User must register a “User Account” (or simply “Account”) on the SUR MEDSPA Platform.
The following is a non-limiting list of “Eligibility Requirements” to use the Services (including, but not limited to, your eligibility to create a User Account, request Treatment, or provide Treatment). In order to use the Services, you must at all times meet at least the following Eligibility Requirements, as well as any other requirements set forth by the Company in any signup process, future community guidelines, policies, or rules we put in place. You agree that you will notify us immediately of any change in your eligibility to use the Services.
You must register for and maintain a User Account. You must submit with your registration, and maintain, accurate and truthful information, including uploading and maintaining a profile image that accurately reflects your appearance.
You must be 18 years of age or older to use the Platform or Services. By using the Platform and requesting a Treatment you represent and warrant that you are at least 18 years of age.
Only natural persons are eligible to register for an Account and use the Platform and Services. You must register your Account on your own behalf and be the sole User of that Account. You are only permitted to access the Platform and Services via your own Account. You may not register an Account on anyone else’s behalf, and you may not use the Account of another. The Consumer receiving a Treatment must be (respectively) the Consumer that requested that Treatment. Your Account cannot be transferred (by assignment, sale, inheritance, or any other modality of transference) to any other person or entity for any reason; any such purported transference is void and may result in the termination of your Account.
NOTICE: DO NOT UNDERGO, OR USE THE SUR MEDSPA PLATFORM TO REQUEST TREATMENT IF YOU ARE:
Without limitation to any other term, condition, or restriction in this Agreement, each and every time you request or are provided Treatment via the SUR MedSpa Platform, you represent and warrant that you are not: (i) pregnant; (ii) nursing; (iii) allergic or sensitive to any of the components of your Treatment Modality, which may include botulinum toxin, cow’s milk protein, and other injectable substances such as Hyaluronic Acid; (iv) currently experiencing an infection at or near an injection site; (v) diagnosed with or suffering from a neurological or neuromuscular disorder; or (vi) under the age of 18.
When you accept these Terms, and complete our sign-up process, you will have a User Account.
In order to create your User Account, you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your User Account. If you suspect or become aware of any unauthorized use of your Account please contact us. You further acknowledge and agree that our Services are designed and intended for personal use on an individual basis and you should not share your User Account and/or password details with another person.
You agree that all information you provide to the Company during the sign-up process (“Sign-up Data”) will be true, accurate, complete and current information, and that you shall maintain and update the Sign-up Data as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete Sign-up Data may result in the suspension and/or termination of your Account.
If you have concerns regarding your User Account, please contact us in accordance with Section 21, “Contacting Us”, below.
You may close your User Account and/or stop using the Service at any time. We may, at any time, under any circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service, our Platform, or any of our websites or mobile applications. Cause for such termination shall include, but shall not be limited to:
Any such termination or suspension shall be made by us in our sole discretion and we will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your User Account and/or access to the Service.
If you or we terminate your Account, the Company will endeavor to delete from our Platform your Account and personally identifying information collected about you, as described in the Privacy Policy. Please note that our ability to delete data is subject to any data retention requirements imposed by law, regulation, or court order, and to the operational needs of the Platform.
You acknowledge and agree that we may access, use, preserve and/or disclose information we have collected from or about you, for reasons including, but not limited to:
This Section 5 concerns terms and policies related to Consumers, and it is applicable to you insofar as your registration with, and use of, the SUR MedSpaPlatform as a Consumer.
You understand that use of the Platform and Services may result in charges to you for any Treatments or other goods or services you receive, and in certain cases for cancelations of Scheduled Treatments (“Charges”). Your payment of Charges will be handled by a third-party payment processor (“Payment Processor”), and may include taxes and other applicable fees, tolls, and surcharges. Charges paid by you are final and non-refundable, unless the Company determines, in its discretion, to refund any such Charges.
COMPANY DOES NOT ACCEPT OR PARTICIPATE IN ANY COMMERCIAL OR GOVERNMENT INSURANCE PROGRAMS. COMPANY ONLY ACCEPTS CASH OR CREDIT CARDS FOR PAYMENT OF SERVICES.
The Company reserves the right, in its sole discretion, to establish, revise, discount, or remove Charges for any activity undertaken through the Platform, including the provision of Treatments, in any geographical area, timeframe, or combination of circumstances (including the identity of the Provider, promotions, discounts, and present demand) without regard to any Charges related to other geographical areas, timeframes, or combinations of circumstances. You understand and acknowledge that, among other situations in which Charges may be imposed, you will be responsible for Charges if you receive a Treatment. Charges for any requested Treatment(s) will be billed and collected prior to provision of the Treatment to you. The Company will use reasonable efforts to inform you of Charges that may apply to a Treatment, provided that you will be responsible for Charges incurred under your User Account regardless of your awareness of such Charges or the amounts thereof.
A Consumer may cancel a Scheduled Treatment prior to 24 hours before your Scheduled Treatment without penalty. You understand and agree that if you (i) cancel a Scheduled Treatment less than 24 hours before your Scheduled Treatment; (ii) are not present at the location of the Scheduled Treatment; or (iii) are for any reason unavailable to your Provider at the location within 10 minutes of the Scheduled Treatment, your Stored Payment Method will be charged a minimum of $50 and up to 50% of the Scheduled Treatment.
You hereby represent and warrant that:
You understand and expressly agree that:
The Company makes no representation that the Platform or Services, or any part or aspect thereof (including any of our websites or mobile applications), will be appropriate, accessible, or available at any time, for any duration, in any geographic area. The Company makes no representation that you will be able to be matched with a Provider or Consumer, or that, when matched, the Scheduled Treatment will occur.
You agree that all information, data, and content submitted by you or collected from you in the course of registering your User Account, using or interacting with the Platform or Services, or communicating with the Company (“User Content”) immediately become the property of the Company upon such submission or collection, and that the Company alone shall own all right, title and interest in any such User Content and shall be free to do with it as it pleases, consistent with the SUR MedSpaPrivacy Policy.
This transfer of your rights in and to any User Content includes all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual and industrial property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised, for any commercial or non-commercial purpose, without any need for further notice to, attribution to, payment to, or permission from you or any other person or entity.
By submitting User Content through the Platform, you represent and warrant that the User Content and your communication thereof conform to these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such User Content in all manners contemplated by these Terms.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act which might be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms.
To the extent any moral rights, ancillary rights, rights of termination, or similar rights (“Other Rights”) in or to the Content exist and are not exclusively owned by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. To the extent such an agreement is unenforceable, you hereby give a “Rights Consent” (as defined below). To the extent any other person has Other Rights in or to your User Content, you must obtain a Rights Consent from that person and provide it on request to us. “Rights Consent” means a waiver of Other Rights to the maximum extent permitted by applicable law and an unconditional consent to any act or omission in relation to the User Content by or on behalf of the Company, any of its licensees, and any subsequent owner of copyright in the Content, including an act or omission which would, but for these Terms, infringe any of your Other Rights.
You agree to use the Platform and Services only for the purposes as permitted by these Terms and any applicable law, or generally accepted practice in the applicable jurisdiction. You may not use the Platform or Services in any way that is unlawful, or harms us or any other person or entity.
All information, materials, functions and other content (“Company Content”) contained or acquired on the Platform or from the provision of Services are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, slogans, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees.
We may change the Platform or Services, or any portion or aspect thereof, or delete Company Content or features at any time, in any way, for any reason. Except as we specifically agree in writing, no Company Content may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Services, including as part of a derivative work. Using our Company Content for any purpose other than to interact with and utilize our Platform and Services is a violation of our copyright and other proprietary rights, and is strictly prohibited.
You understand and expressly agree that nothing in these terms shall have the effect of transferring ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress, trade secrets, inventions, or other proprietary rights in any Company Content, or in any information otherwise contained in, embodied in, or provided by the Platform or Services, to you or any third party, nor to authorize you to create derivative works based on the same.
You agree that you will NOT use the Platform or Services, including any of our websites or mobile applications, to:
You agree to defend, indemnify and hold harmless the Company, its affiliates, subsidiaries, and each of its and their respective directors, officers, shareholders, managers, employees, agents, partners, representatives, licensors, successors, and assigns (collectively, “Related Parties”) from any claim, demand, loss, award of damages, expense, or cost (including reasonable attorneys’ fees) that arises out of:
Some jurisdictions limit or disallow the exclusion of certain warranties or the limitation of certain disclaimers or liabilities. Notwithstanding the disclaimers and limitations set forth in this Section 11, this Agreement shall be construed as disclaiming any warranty and limiting any liability only (but to the maximum extent of) the limits of applicable law. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit any liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You understand and expressly agree that your use of the Platform and Services is at your sole risk, and that such are provided on an “as is” and “as available” basis. The Company and Related Parties expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular, the Company and Related Parties make no warranty that: (i) the Platform or Services will meet your requirements; (ii) your use of the Platform or Services will be timely, uninterrupted, secure, or error-free; (iii) any information you obtain through or as a result of your interaction with the Platform or Services will be accurate or reliable; or (iv) any defects or errors in the Platform or Services will be corrected.
Any material downloaded or otherwise obtained through the use of the Platform or Services, including any of our websites and mobile applications, is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from accessing any such material. No advice or information, whether oral or written, obtained by you from the Company or through or from the Platform or Services shall create any warranty not expressly stated in these terms.
You understand and expressly agree that the Company and Related Parties shall not be liable for direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, goodwill, reputation, access, usage, data, or other intangible losses, personal injury, property damage, or any other cognizable harm related to, in connection with, or otherwise resulting from any use of the Platform or Services, regardless of whether such damages are based in contract, tort (including the negligence and strict liability), warranty, statute, or otherwise, regardless of the negligence (sole or joint, in any proportion) of the Company or any Related Party, even if the Company has been advised of the possibility of such damages.
The company shall not be liable for any damages, liability, or losses arising from or related to:
This Agreement constitutes the entire agreement between the you and the Company, governs your use of the Platform and Services, and completely replaces any prior agreements between you and the Company in relation to the Platform or Services.
No waiver (whether by act, omission, or otherwise) by any Party of any provision of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Any provisions of this Agreement that by their nature should survive the expiration or termination of this Agreement shall so survive, including but not limited to Sections 3,4, 5, 6, and 10 through 20, regardless of the cause of expiration or termination.
If any provision of this Agreement is invalid, void, illegal, or incapable of being enforced, such provision shall be excluded to the extent of such invalidity or unenforceability, and, to the extent permitted and possible, each provision so excluded shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. All other provisions of this Agreement shall remain in full force and effect.
This Agreement and all matters arising out of in connection with this Agreement shall be governed by and interpreted according to the laws of the State of Georgia, without regard to the conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Georgia.
Except in cases where the Company believes you have engaged in fraud, other illegal behavior, or any other form of willful and serious misconduct, you agree that any and all disputes or claims that have arisen or may arise between you and the Company arising out of or in connection with this or previous versions of this Agreement, including any disputes regarding the existence, validity or termination thereof, or your use of or access to Services, shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate set forth in this Section 17.
YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Unless both you and the Company agree otherwise, the Arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the Arbitrator may award relief (of any kind, whether monetary, injunctive, declaratory, or otherwise) only in favor of the individual party seeking relief, subject to the limitations set forth in Section 10, and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Platform Users.
Any such arbitration shall be arranged by the American Arbitration Association (“AAA”). The arbitration panel (the “Arbitrator”) shall consist of one (1) arbitrator. In the event that the Parties cannot reach agreement on the Arbitrator for any reason, the Parties shall request that AAA appoint the Arbitrator according to its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this agreement to arbitrate. The arbitration shall take place in Cherokee County, Georgia unless both you and the Company agree otherwise. The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising out of or in connection with this Agreement and every part thereof, including the Terms, the Privacy Policy, and the agreement to arbitrate set forth in this Section 17, and including the interpretation, applicability, enforceability, scope, existence, validity, formation, or termination of this Agreement, and any claim that any part of this Agreement or the agreement to arbitrate contained herein is void or voidable.
If the value of the relief sought is ten thousand dollars ($10,000.00) or less, either you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and the Company, subject to the Arbitrator’s discretion to require an in-person hearing (as warranted by the circumstances). Attendance at an in-person hearing may be made by telephone by you and/or the Company, unless the Arbitrator requires otherwise. The Arbitrator shall decide the substance of all claims in accordance with Section 16 and this Section 17, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator shall not be bound by prior rulings in in any other dispute between the Company and another User or disputant, and shall be bound by rulings in prior disputes involving the Company and the same User or disputant to the extent required by applicable law. The Arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees will be governed by AAA rules, unless otherwise stated in this agreement to arbitrate.
Headings and subheadings appear solely for the convenience of the parties. Headings and subheadings are not part of this Agreement and shall not be used to construe, interpret, expand, or limit this Agreement or any provision herein.
Nothing in this Agreement will create any right in any third party as against either party or be construed for the benefit of any third party.
The Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, including these Terms and the Privacy Policy, and to review, improve, modify or discontinue, temporarily or permanently, the Platform or Services, any portion thereof, or any content or information available through any of our websites or mobile applications, at any time, effective with or without prior notice and without any liability to the Company.
The Company will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, all SUR MedSpawebsites, mobile applications, and generally the SUR MedSpaPlatform and the Services. Your continued use of the Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. The Company may change, modify, suspend, or discontinue any aspect of the Platform and the Services at any time without notice or liability. The Company may also impose limits on certain features or restrict your access to parts or all of the Platform without notice or liability.
If you have any questions or concerns related to this Agreement, your account, a Treatment or another User, or anything else regarding the SUR MedSpaPlatform or Services, please email us at admin@surmedspa.com or write to us at:
SUR MedSpa
310 Gold Creek Trail, #300
Woodstock, Georgia 30188
Last Updated: September 1, 2022
This SUR MedSpa Membership Agreement (“Agreement”) is made by and between SUR MedSpa (“SUR”) and you (the “Member”). As part of SUR’s Membership Program, you are entitled to various benefits and service discounts, which are described below. Membership is voluntary and contingent on the payment of a monthly fee, and subject to the cancellation terms included in this Agreement.
Your membership and monthly membership fee will be as applicable on the date you purchase a membership. Applicable membership fees and membership benefits/services shall be as set forth from time-to-time at the SUR Membership Program landing page on the SUR website at https://surmedspa.com/membership.
I hereby authorize SUR to charge my credit card provided at the time of my membership (or such valid credit card that I provide to SUR subsequent to my enrollment as a member) in lieu of presenting it for any services, retail items, or memberships upon my request. I understand that my monthly membership fees will be charged monthly in advance, with the first monthly payment due on the date of enrollment as a member and then on that same day in each successive month (i.e., if member enrolls on the 15th of the month, monthly charges will occur on the 15th of each month, or the first banking day of each month if that day is a weekend or bank holiday). If the monthly membership payment is not received within 7 days of its due date, SUR may terminate the membership and the Member will forfeit any benefits associated with the membership
The following is a non-limiting list of “Eligibility Requirements” to use the Services (including, but not limited to, your eligibility to create a User Account, request Treatment, or provide Treatment). In order to use the Services, you must at all times meet at least the following Eligibility Requirements, as well as any other requirements set forth by the Company in any signup process, future community guidelines, policies, or rules we put in place. You agree that you will notify us immediately of any change in your eligibility to use the Services.
Pricing Changes: SUR reserves the right to change its pricing and the benefits associated with membership at any time. SUR will give you 30 days advance written notice of any change in the pricing or benefits described above. Notices may be given by email, posted in spa location or may otherwise be announced on the SUR Membership Program landing page on the SUR website.
SAME DAY “no-shows” or appointment cancellations that occur within 24 hours of an appointment will be charged a no-show/cancellation fee specified by SUR in its sole discretion – applicable no-show/cancellation fees will be indicated at the time of booking or per stated SUR policy which may be posted in spa location or on the SUR Membership Program landing page on the SUR website. If you cancel prior to the scheduled date of an appointment, there will be no fee
This membership is not negotiable, transferable, or cancelable except as otherwise provided herein. Notice of intent to cancel by the Member may be given at any time, provided that SUR will not provide any refunds with respect to membership fees paid with respect to periods ending after notice of cancellation is given and any unpaid amounts will be charged to your credit card on file with SUR. Your cancellation requires 30 days’ notice prior to the day of the month that your membership was originally effective. For example, if your membership enrollment was the 15th of the month, then you must give notice on or prior to the 15th day of the prior month in order for the cancellation to be effective on the 14th of the following month. If you provide less than 30 days’ notice prior to the day that is your monthly enrollment date, the cancellation will be effective as that date in the next month. For example, if your enrollment date is April 15th and you provide notice to cancel on October 15th, your cancellation will be effective as of November 14th. However, if you cancel on October 28th, then your effective cancellation date would be December 14th. Please note that fees shall be payable by you through the effective date of cancellation.
To cancel, you may (a) hand deliver request to the SUR location where you receive services; (b) mail written notice of your cancellation to 310 Gold Creek Trail #300, Woodstock, GA 30188 (Attention: SUR MedSpa); or (c) email cancellation notice to admin@surmedspa.com. If you: (a) deliver your cancellation via an email to admin@surmedspa.com, you must indicate “MEMBERSHIP CANCELLATION” in the subject line be sure to get an email response from an official at the SUR acknowledging the cancellation, or (b) hand deliver or mail your cancellation, be sure to get a signed statement or return email confirmation from an official of SUR, acknowledging your cancellation.
3.4 Termination by SUR.
SUR reserves the right to terminate or refuse to renew your agreement for any reason not prohibited by law including, but not limited to, an unsatisfactory payment history. SUR reserves the right to collect at any time any delinquent or outstanding balance(s) that has not been paid for any services provided or monthly payments owed.
3.4 Carry Forward and Transfer of Benefit Credits.
Members may choose to carry forward or transfer to at most two individuals any unused benefits for the amount of monthly membership fees for up to six months from the date of the original payment. The transferred benefits will be subject to the same terms and conditions as the original benefits, and the recipient is subject to abide by same terms of this membership agreement. SUR reserves the right to refuse any transfer request in its sole discretion. In the event of membership termination or expiration, any unused benefits will be forfeited and cannot be redeemed or transferred. The medical spa will not issue any refund or credit for any unused benefits. To transfer benefit credits, you may (a) hand deliver transfer benefit credits request to the SUR location where you receive services; (b) mail written notice of your transfer benefit credits request to 310 Gold Creek Trail #300, Woodstock, GA 30188 (Attention: SUR MedSpa –Transfer Benefit Credits); or (c) email transfer benefit credits notice to admin@surmedspa.com. If you: (a) deliver your transfer benefit credits via an email to admin@surmedspa.com, you must indicate “MEMBERSHIP TRANSFER BENEFIT CREDITS” in the subject line be sure to get an email response from an official at the SUR acknowledging the transfer request, or (b) hand deliver or mail your transfer request, be sure to get a signed statement or return email confirmation from an official of SUR, acknowledging your transfer request.
3.4 Updated Information.
For purposes of identification and billing, you agree to provide SUR with current, accurate, complete, and updated information including your name, address, telephone number, and applicable payment data. You agree to notify SUR promptly of any changes in your information, including your payment data.
3.4 Entire Agreement.
You, as the Member, and SUR acknowledge that this Agreement constitutes the entire agreement with respect to the benefits, terms and conditions associated with an SUR Membership. Nothing herein affects or modifies the separate terms and conditions of service which govern the services provided to you by the SUR, which has been separately provided to and executed by you. This Agreement cannot be amended except in written form executed by both parties. You acknowledge that you have read and understood the terms and conditions of this Agreement and agree to be bound by such terms and conditions.
3.4 Jurisdiction.
To the full extent permissible by law, for purposes of any dispute arising out of this Agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the courts located in the county and state in which services are provided to member by SURand to the application of the state law where such services are provided.
NOTICE: We are hereby informing you that should you (the Member) choose to pay for any part of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event SUR ceases to conduct business in the location where you primarily receive services, or at all. SUR does not post a bond, and no other protections may be provided to you should you choose to pay in advance.
In consideration of my membership or for being allowed access to and / or to use SUR facilities and receive Treatment(s), I hereby WAIVE, COVENANT NOT TO SUE AND RELEASE ANY AND ALL CLAIMS which may be brought by me, my family, estate, heirs and/or assigns, against SUR, its owners, employees, representatives, independent contractors and/or agents from any and all present and future claims for loss, theft of my property, injury or damages to my person or property, personal injuries and/or death, which do or may exist, now or in the future, whether currently known or unknown, including but not limited to those which arise as a result of my membership, or arise in any way incidental to my membership, my use of the facilities and / or equipment of SUR, my receiving treatment(s), my participating or engaging in any SUR activity, activities or activities incidental thereto, and / or those which occur as a result of my presence on the premises, or which occur while I am on the premises of SUR, for any reason whatsoever, wherever, whenever or however same may occur and regardless and irrespective of whether such claims arise or arose as a result of my own negligence, the negligence of any other person or the negligence of SUR, or its owners, employees, representatives, independent contractors and/or agents, and will defend, and hold SUR, its owners, employees, representatives, independent contractors and/or agents harmless therefrom. I understand and agree that this Waiver and Release of Liability is intended to be as broad and inclusive as permitted by the laws of the State in which I am receiving SUR services and agree that if any portion hereof is held invalid, the remainder of the Waiver and Release of Liability will continue in full legal force and effect. I further agree that in the event I am not the prevailing party, I will be responsible for all reasonable attorneys’ fees, costs and expenses incurred by SUR, in the defense of or in relation to any such lawsuit.
I affirm that I am of legal age and am freely signing this agreement. I have read this form and fully understand that by signing this, I am giving up legal rights and remedies that I might have now or in the future.
You may cancel this contract without any penalty or obligation within 3 business days from the above date, and receive a full refund of all payments made to the seller. You may also cancel this contract if upon a doctor’s order you cannot physically receive the services, or you may cancel the contract if the services cease to be offered as stated in the contract. If you cancel the contract for either of these reasons, the seller, (SUR), may keep only a portion of the contract price equal to a pro rata portion of the total price representing the proportion of services you used or completed, plus the cost to the seller of any related goods which you have consumed or retained. This contract or note is the future consumer services and puts all assignees on notice of the consumer’s right to cancel under Chapter 2-18, F.A.C.
This Membership Agreement shall be enforceable by SUR and its parent companies, subsidiaries, and affiliates, including the legal entity that controls SUR with which the Member has entered into this Agreement.
I UNDERSTAND AND AGREE TO COMPLY IN FULL WITH THE TERMS AND CONDITIONS STATED IN THIS MEMBERSHIP AGREEMENT. I AGREE THAT MY ACCEPTANCE OF THESE TERMS BY ELECTRONIC MEANS SHALL BE FULLY BINDING ON ME.
If you have any questions or concerns related to this Membership Agreement, your account, a Treatment, or anything else regarding the SUR MedSpaPlatform or Services, please email us at admin@surmedspa.com or write to us at:
SUR MedSpa
310 Gold Creek Trail, #300
Woodstock, Georgia 30188
Last Updated: September 1, 2022
Terms of Use for our practice (hereinafter “the company”).
By using our service, our website, and websites we have created, you agree and consent to follow our Terms and Use and Service. If you do not agree to all of these Terms and Conditions of Use and Service, you should not order or use our service or website! As a client or visitor, you are required to agree with these terms in order to use our products and services. The Company; may change and update these Terms and Conditions at any time. Your continued usage of the The Company websites and other services – referred here to as Websites – will mean you accept those changes. Definition of Client: A client is any person or business entity that has placed an order for any of The Company services. A visitor is any person or business that is viewing any website that is designed and created by the company.
1- The Company Websites do not provide dental or medical advice. The contents of The Company websites such as text, graphics, images, videos, information obtained from The Company licensors and other material contained on The Company websites (“Content”;) are for informational purposes only. The Content is not intended to be a substitute for professional dental or medical advice, diagnosis, or treatment. Visitors and users must always seek the advice of a qualified health provider with any questions you may have regarding a medical condition. Never disregard professional advice or delay in seeking it because of something you have read on the Websites! If a user or visitor think he/she may have a medical emergency, he/she must call your doctor or 911 immediately. The Company websites do not recommend or endorse any specific tests, healthcare professional, products, procedures, opinions, or other information that may be mentioned on the Websites. Reliance on any information provided by The Company employees, links on the site, or others appearing on the Websites at the invitation of The Company, or other visitors to The Company Websites is solely at your own risk. Furthermore, information added to The Company websites by its clients are added at the sole discretion of the clients and are the full responsibility of the said client. The Company does not accept any liability or responsibility for said content.
2- CHILDREN’S PRIVACY.
We are committed to protecting the privacy of children. You should be aware that The Company websites are not intended or designed to attract children under the age of 13.
3-USE OF CONTENT.
The Company authorizes you to use and view a single copy of the material on the The Company websites solely for your use. Content and/or images on the websites designed by The Company are protected by copyright laws. Any special rules for the use of certain software and other items accessible on the The Company websites are incorporated into these Terms and Conditions and our other legal notices. The fees charged to clients for membership and setup/design of websites do not provide any right of ownership to content, design elements and/or images and other material throughout the Websites unless permitted by written consent from The Company. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with The Company or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of The Company websites. Domain names registered by The Company for its clients are the legal property of The Company and are leased temporarily to clients. All rights not expressly granted herein are reserved to The Company and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
4- LIABILITY OF The Company AND ITS LICENSORS.
The use of the The Company Websites, and the Content is at your own risk. When using the The Company Websites, information will be transmitted over a medium that may be beyond the control and jurisdiction of The Company. Accordingly, The Company assumes no liability for or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the The Company Websites. The The Company Websites and the content are provided on an “as is” basis. The Company ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, The Company, its licensors, and its suppliers make no representations or warranties about the following:
A. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the The Company Websites.
B. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on The Company websites. In no event shall The Company, its licensors, its suppliers, or any third parties mentioned on The Company websites be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the The Company websites or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Company is advised of the possibility of such damages. The Company is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
5- USER SUBMISSIONS.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to The Company by email, (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to The Company by email, you agree such submission is non-confidential for all purposes. If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to The Company by email, you automatically grant–or warrant–that the owner of such content or intellectual property has expressly granted The Company a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Company may sublicense its rights through multiple tiers of sub-licenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to The Company by email. We try to answer every email in a timely manner but are not always able to do so.
6- RIGHT TO REFUSE SERVICE/CANCELLATION POLICY.
The Company reserves the right to refuse to provide services to any of its clients at its sole discretion. Since the membership programs are monthly, a client whose service is being terminated will receive a one month notice via email. It is the responsibility of the client to find and secure new service for his/her website design/hosting and maintenance. A client has the right of canceling his membership with a one month written notice unless a separate agreement has been signed by the client. All fees are due before the receipt of such notice by mail/fax confirmed by The Company In both cases of service termination and cancellations, the client understands that The Company has full ownership and copyright to all material on its websites. Material that has been added by clients such as images and personal content can be moved to a new company and website at the client’s discretion. No material of original design content, images including domain names is permitted to be transferred unless with written permission from The Company
7- PASSWORDS.
The Company has several tools that allow you to record and store information. For example, these areas are structured to allow access only to visitors with a valid password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your The Company passwords or accounts.
It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your The Company account and password; (3) promptly inform The Company of any need to deactivate a password. You grant The Company and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. The Company cannot and does not assume any responsibility or liability for any information you submit, including to Register to win, or your or third parties’ use or misuse of information transmitted or received using The Company tools and services, including Online Editor and Practice-Xl Online.
8- The Company LIVE AND MEMBER TO MEMBER AREAS (“PUBLIC AREAS”).
If you use a Public Area, such as a chat room, bulletin board or community, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. The Company is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions: Using a Public Area for any purpose in violation of local, state, national, or international laws; Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by The Company in its sole discretion; Posting advertisements or solicitations of business; After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); Posting chain letters or pyramid schemes; Impersonating another person; Distributing viruses or other harmful computer code; Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent; Allowing any other person or entity to use your identification for posting or viewing comments; Posting the same note more than once or “spamming”; or Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of The Company, exposes The Company or any of its customers or suppliers to any liability or detriment of any type. The Company reserves the right (but is not obligated) to do any or all of the following: Record the dialogue in public chat rooms. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s). Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions. Terminate a user’s access to any or all Public Areas and/or the The Company websites upon any breach of these Terms and Conditions. Monitor, edit, or disclose any communication in the Public Areas. Edit or delete any communication(s) posted on the The Company websites, regardless of whether such communication(s) violate these standards. The Company reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. The Company has no liability or responsibility to users of the The Company websites or any other person or entity for performance or nonperformance of the aforementioned activities.
9- ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES.
The Company may provide links to third-party websites. The Company also may select certain sites as priority responses to search terms you enter and The Company may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. The Company does not recommend and does not endorse the content on any third-party websites. The Company is not responsible for the content of linked third-party sites, sites framed within the The Company websites, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The Company does not endorse any product advertised on the site.
10- MATERIAL SUBMITTED BY CLIENT.
One service of The Company is updating and changing websites and its content on clients’ behalf. Also, The Company offers access to a direct and live online editor that enables clients to update their websites with their material of choice. It is the responsibility of the client and/or its employees to make sure that the material submitted is original and/or the client does have permission to use it. It is also the responsibility of the client to ensure the material added comply with all local, state and federal laws (for example American with Disability Act). The Company does not accept any responsibility as to review of such material for copyright issues. If The Company is informed by any third-party of copyright infringement and/or questionable material, The Company reserves the right to remove the material in question from our server. It is the responsibility of the client to resolve such complaints, objections and/or any legal action brought resulting from the use of such material.
11- INDEMNITY.
You agree to defend, indemnify, and hold The Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
12- GENERAL.
The Company makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the The Company websites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
13- JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with The Company, or in any way relating to your use of the The Company Websites, resides in the courts of the County of Orange, State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Orange in State of California in connection with any such dispute including any claim involving The Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
COMPLETE AGREEMENT.
Except as expressly provided in a particular “legal notice” on the The Company Websites, these Terms and Conditions and the The Company legal notices constitute the entire agreement between you and The Company with respect to the use of the The Company Websites, and Content. Thank you for your cooperation. We hope you find the The Company websites helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail. We try to answer every email in a timely manner but are not always able to do so.
Disclaimer for our practice (hereinafter “The Company”).
The website is designed by Optimized360, LLC. The information provided by The Company on the website is at no charge to users of the World Wide Web, subject to the express condition that these users agree to be bound by the terms and conditions set forth in this disclaimer. The Company reserves the right to change these disclaimers at any time, and you agree to abide by the most recent version of the disclaimer each time you view and use the Website. Whether you are a client of The Company or a visitor to its websites, DO NOT use the Websites if you do not agree with all of the following terms and conditions.
1. You acknowledge that the information on the Websites is provided ‘as is’ for general information only. It is not intended to provide dental or medical advice, and should not be relied upon as a substitute for consultations with qualified healthcare professionals who are familiar with your individual condition. No warranties of any kind are given regarding use of the website, including, but not limited to, any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
2. You agree that you will hold harmless The Company and its shareholders, officers, directors, clients and employees from all claims arising out of or related to your access or use of, or your inability to access or use, the Website or the information contained in the Website or other websites to which it is linked, including, but not limited to, claims that you have found something you have heard, viewed or downloaded from the Website or any other website to which it is linked to being obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will The Company or any of the information contributors to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if The Company has been advised of the possibility of such damages.
3. You acknowledge that the opinions and recommendations contained in this website are not necessarily those of The Company nor are they endorsed by The Company. Many clients of The Company have access to create their own material on their Websites. The material created by clients remains their responsibility and The Company does not accept liability and responsibility related to said material.
4. The Company may provide links on the Website to other web sites which are not under the control of The Company in general, any website which has an address (or URL) not containing ‘The Company.com’ is such a website. Also, The Company may frame other web sites inside its frame or ‘The Company.com’ (or its clients’ websites) frame. These links are provided for convenience or reference only and are not intended as an endorsement by The Company of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
5. Upon request, you may provide hypertext links to this website on another website upon receipt of written consent from The Company, provided that: (a) the link be a text-only link clearly marked ‘The Company.com’, (b) the link must ‘point’ to the URL ‘https://TheCompany.com’ and not to other pages within the website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with The Company name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than The Company is associated with or sponsored by The Company, (e) the link, when activated by a user, must display this website full-screen and not within a ‘frame’ on the linked website, and (f) The Company reserves the right to revoke its consent to any link at any time at its sole discretion. You agree that hypertext links to this Website must be approved in writing by The Company’s management.
6. The works of authorship contained in the Website, including but not limited to all design, text, and images, are owned or licensed by The Company hereinafter referred to as The Company, or its suppliers and contributors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sub-licensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without The Company’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive as is necessary to browse the website, and that the user may produce one permanent printout of each page of the website (unmodified in form, with a copy of this Disclaimer attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of The Company.
7. This website (excluding linked sites) is hosted by The Company which is headquartered in Irvine, Orange County, California, in the United States of America. It may be accessed from all 50 states, as well as from other countries around the world. Because each of these places has laws that may differ from those of California, or the United States of America, by accessing this website you agree that the statutes and laws of the State of California and the United States of America, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this website. You also agree and hereby submit to the exclusive legal jurisdiction and venues of the Courts of Orange County, California and the United States District Court for the District of Orange County with respect to such matters. The Company make no representation that materials on the website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is hereby prohibited. Individuals or organizations choosing to access this website from other locations do so of their own initiative and are responsible for compliance with local laws.
8. The Company, its logo, nameplates, Practice-XL, and Optizign are trademarks of The Company, and are protected by international laws and treaty provisions. All text and electronic images on this website are copyrighted materials which are either registered copyrights, unregistered common law copyrights, registered trademarks or sales marks of The Company, its suppliers or contributors. Any attempt to infringe upon or to circumvent these copyrights or trademarks will subject to prosecution.
The Company has made every reasonable effort to make sure its Website under its control is in compliance with ADA laws and has taken every reasonable effort to provide reasonable accommodations for Americans with disabilities. We continue to be open and invite all recommendation to further meet the needs of all American visitors with disabilities. All services, promotions and information available on its websites are readily available over the telephone by calling 800-997-9368. The Company disclaims any responsibility for Website owned by its clients’ or third-party websites that are linked to The Company’s websites by virtue of the fact The Company doesn’t own, manage or control third party websites.
Web Accessibility Statement our business “company”.
The Company is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone, and applying the relevant accessibility standards.
Optimized360 LLC takes the following measures to ensure accessibility of The Company:
The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. The Company is partially conformant with WCAG 2.1 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard.
