​INFORMATION ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

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THE CONTENT PROVIDED ON THIS WEBSITE SHOULD BE USED FOR INFORMATIONAL PURPOSES ONLY. THIS WEBSITE IS NOT INTENDED TO PROVIDE MEDICAL INFORMATION AND SHOULD NOT BE RELIED UPON BY ANY PERSON FOR ANY MEDICAL, DIAGNOSTIC OR TREATMENT REASONS. ANY TESTIMONIALS FOUND ON THIS WEBSITE ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANY INDIVIDUAL WILL RECEIVE THE SAME OR SIMILAR RESULTS. THE RESULTS DESCRIBED IN THE TESTIMONIALS MAY NOT BE TYPICAL AND INDIVIDUAL RESULTS MAY VARY. 

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Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. TU Beauty. may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. 

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Any comments or materials sent to TU Beauty.,  including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively “Feedback”), shall be deemed to be non-confidential. TU Beauty, shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, TU Beauty, shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. 

Information TU Beauty. published on the World Wide Web may contain references or cross references to TU Beauty, products, programs and services that are not announced or available in your country. Such references do not imply that TU Beauty, intends to announce such products, programs or services in your country. Consult your local TU Beauty business contact for information regarding the products, programs and services which may be available to you.

TU Beauty makes no representations whatsoever about any other web site, which you may access through this one. When you access a non-TU Beauty  web site, please understand that it is independent from TU Beauty. and that TU Beauty. has no control over the content on that web site. In addition, a link to a non-TU Beauty. web site does not mean that TU Beauty endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. 

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This site is designed and maintained by TU Beauty. All content included in this website, including but not limited to text, design, graphics, and audio clips, (the “Content”) are subject to the copyright and other intellectual property rights of TU Beauty. Content may not be reproduced, copied, downloaded, distributed, reused or modified without prior written permission from TU Beauty.

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All listings, advertisements, other information, and all rights and remedies arising therefrom, or from the use of this web site or any portion hereof, are governed exclusively by the laws of California, without regard to the conflicts of laws, and your use of this website is your acceptance of the said laws. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts located in Los Angeles County, California. 

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Except where otherwise prohibited, you agree that all disputes, claims, or proceedings, directly or indirectly arising out of your use of the TU Beauty website shall be resolved exclusively by arbitration, which can be pursued by you only on an individual basis and not on behalf of any other individuals, including without resort to any form of class action. 

You agree that, by using this website, that you and TU Beauty are each waiving the right to a trial by jury or to participate in a class action, and that all disputes with TU Beauty arising in any way from the use of this website shall be resolved exclusively through final and binding arbitration, and not by a court or jury. 

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IN NO EVENT WILL NakedMD, Inc BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

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IN NO EVENT WILL TU BEAUTY  BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER

CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

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DISPUTE RESOLUTION

In General, In the interest of resolving disputes between you and TU BEAUTY in the most expedient and cost-effective manner, you and TU BEAUTY agree that any dispute arising out of or in any way related to these terms or your use of the Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited court review. Arbitrators can award the same damages and relief that a court can award. These terms to arbitrate disputes include all claims arising out of or in any way related to these terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms.

 

YOU UNDERSTAND AND AGREE THAT, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, BY ENTERING INTO THESE TERMS, YOU AND TU BEAUTY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMS WILL APPLY TO YOU AND TU BEAUTY UNLESS YOU CHOOSE TO OPT OUT AS PROVIDED BELOW.

 

Whether to agree to arbitration is an important business decision. It is your decision to make, and you should not rely solely on the information provided in these terms, as it is not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and consult with others, including an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.

 

Exceptions. Despite the provisions above, nothing in these terms will be deemed to waive, preclude, or otherwise limit the right of either party to:

1. Bring an individual action in small claims court.

2. Bring an action pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.

3. Seek injunctive relief in a court of law.

4. File a lawsuit to address an intellectual property infringement claim.

 

Arbitrator. Any arbitration between you and TU BEAUTY will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting TU BEAUTY. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

 

Notice and Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail within the applicable statute of limitations period (“Notice”). TU BEAUTY’s address for Notice is collab@tubeautymedspa.com. The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if no agreement is reached within 30 days after the Notice is received, you or TU BEAUTY may commence an arbitration proceeding. During arbitration, the amount of any settlement offer made by either party must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is resolved in your favor, TU BEAUTY will pay you the highest of the following:
(a) The amount awarded by the arbitrator, if any. (b) The last written settlement amount offered by TU BEAUTY prior to the arbitrator’s award. (c) $1,000.

 

No Class Actions. UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, YOU AND TU BEAUTY AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Modifications to Arbitration Provisions

 

If TU BEAUTY makes any future change to this arbitration provision, other than a change to TU BEAUTY’s address for Notice, you may reject the change by sending written notice within 30 days of the change to TU BEAUTY’s address for Notice. If you do not send such written notice, your continued use of the Service constitutes acceptance of the changes.

 

Enforceability. If any part of this section is found to be unenforceable, or if the entirety of the dispute resolution terms are found to be unenforceable, then the entirety of such provision will be null and void. In that case, the parties agree that the exclusive jurisdiction and venue described in these terms will govern any related actions.

 

Opt-Out. Arbitration is not mandatory under these terms. If you do not wish to be subject to this Dispute Resolution provision, you may opt out by notifying TU BEAUTY in writing within 30 days of receiving these terms via email at info@tubeautymedspa.com. Include your full name and intent to opt out of the Dispute Resolution provision. Opting out will not result in retaliation.

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Protected Activity Not Prohibited. Nothing in these terms limits your right to file a charge or complaint, or communicate or cooperate with any federal, state, or local government agency. You are permitted to disclose information to such agencies as allowed by law, without notifying TU BEAUTY. However, you agree to take reasonable precautions to prevent unauthorized disclosure of TU BEAUTY’s confidential information.

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GOVERNING LAW/WAIVER OF TRIAL BY JURY. 

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The laws of the State of California, excluding its conflicts of law rules, govern these terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these terms. To the extent that any action relating to any dispute under these terms is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California and you irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum. 

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EXCEPT WHERE PROHIBITED BY LAW, THE PARTIES EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS. 

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Notices. All notices, requests, or consents required or permitted under these terms will be in writing (including electronic form) and will be delivered to the address as the party may designate in a notice served upon the other party in the manner provided for below. Each notice, request, consent, or other communication will be given and will be effective: (1) if delivered by hand, when so delivered; (2) if delivered by nationally recognized overnight courier service or sent by United States Express Mail, upon confirmation of delivery; (3) if delivered by certified or registered mail, on the third following day after deposit with the United States Postal Service; or (4) if delivered by facsimile, upon confirmation of successful transmission, and if delivered by email,

upon confirmation of successful transmission based on the electronic records of the TU Beauty. 

 

Severability. The provisions of these terms are severable. The invalidity, in whole or in part, of any provision of these terms will not affect the validity or enforceability of any other of its provisions. If one or more provisions of these terms are declared invalid or unenforceable, the remaining provisions will remain in full force and effect and will be construed in the broadest possible manner to effectuate the purposes of these terms. 

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CANCELLATION POLICY

We ask that you please reschedule or cancel at least 2 days before the beginning of your appointment or you may be charged a cancellation fee.

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Appointment cancellation is allowed no later than 48 hours in advance. If appointments are canceled less than 48 hours before the actual appointment your card on file WILL BE CHARGED $50 CANCELLATION FEE STATED ACCORDING TO YOUR SERVICE. By booking your appointment you automatically agree to these conditions.

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Return Policy 

No refunds are made for products, service packages and pre-paid treatments once they are purchased. If for some reason you are not able to use an un-rendered, pre-paid service, credit for the pro-rated share of unused treatments at the discounted package price may be extended, and this may be used to purchase other treatments or products offered by TU Beauty. Unopened products may be exchanged for alternative products within 7 days of purchase. 

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Treatment Outcomes 

TU Beauty is committed to serving you in the best way that we can. We will be honest in all our dealings with you. Aesthetics is not an exact science and how you may respond to a given treatment will vary from person to person. It is virtually impossible to predict results and therefore payments made for services are for treatments to be performed – not for a specific result. However, we always strive to achieve the absolute best result that we can for you. Thank you for allowing us to serve you! 

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Revisional Treatment or Treatment of Complications

The practice of medicine and aesthetics is not an exact science, and medical spa treatments are the practice of medicine. Although good results are anticipated, there can be no guarantee or warranty, expressed or implied, by anyone as to the actual results you may get. Occasionally additional treatments

and/or treatment for problems or complications may be required. These could result in additional charges for which you may be responsible. 

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Tipping and Gratuity 

TU Beauty is a tipping facility. The best tip we can receive is your repeat business and referrals. 

 

Rights Reserved 

TU beauty will try to communicate policy changes with you in advance wherever possible. However, we do reserve the right to change our policies without notice. 

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Practice-Patient Relationship 

We love having you as a patient, but we do reserve the right to refuse service at any time, to anyone, for any reason.

 

Product

Botox, Kysse, Juvederm, Contour, and select brands may be subject to additional costs. Terms and conditions are subject to change without notice for all our services and products. Final patient costs reflects application of vendor or manufacturing rebates and promotions. Additional costs may apply for specialty areas.

 

The Patient hereby consents enrollment in any applicable vendor loyalty program including promotional offers, discounts, and updates regarding the services provided by the vendor. The Patient understands that participation in the loyalty program is voluntary and can be canceled at any time upon written notice to the vendor.