SMS TERMS AND CONDITIONS
Effective Date: 05/01/2016
By checking the box to sign up for one or more text messaging programs, or by checking / clicking the consent in / to any other promotion and / or advertising on social media (for instance Facebook, Instagram), search engines (for instance Google, Bing) and other similar means, you expressly consent to receive non-marketing and marketing text messages from Avissa Skin and / or third parties working on behalf of Avissa Skin. You expressly agree that the above listed entities may deliver communications to you at the telephone number and email supplied during the registration process even if your telephone numbers are on any Do Not Call (or similar) list so it will not be considered unauthorized by any local, state or federal law or regulation. Communications may be made using a phone, a mobile phone, a computer, an automatic telephone dialing system, an artificial and/or a prerecorded voice by phone calls, text messages, voicemails, and emails for Avissa Skin’s services, products, promotions, appointments and similar. You agree and understand that you are not required to opt into this program to purchase goods or services. You may opt out or unsubscribe at any time by providing notice to Avissa Skin and / or third parties working on behalf of Avissa Skin.
Avissa Skin Appointment Reminders and Promotional Communications.
How to Opt-Out
To stop receiving text messages from Avissa Skin text, reply “STOP” or email email@example.com to request removal from the text message program.
Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Avissa Skin immediately if you change your mobile telephone number. You may notify Avissa Skin of a number change by emailing firstname.lastname@example.org
You agree to indemnify Avissa Skin in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Avissa Skin if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Frequency of Messages
The number of texts you receive per month will depend on your settings and account activity. The text messages that we provide are being delivered as a convenience to you for information or marketing purposes.
Message and data rates may apply to each text message sent or received in connection with Avissa Skin text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.
Avissa Skin’s privacy statement
No Guaranteed of Access or Delivery
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. Content is not available on all carriers and carrier participation could change. Carriers are not liable for delayed or undelivered messages. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Avissa Skin’s control, and Avissa Skin is not responsible or liable for issues arising from them.
Modifications and Updates to Terms and Conditions
Avissa Skin may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Avissa Skin’s website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Avissa Skin text messages will indicate your acceptance of those changes.
Termination of Text Messaging
Avissa Skin may suspend or terminate your receipt of Avissa Skin text messages if Avissa Skin believes you are in breach of these SMS Terms and Conditions. Your receipt of Avissa Skin text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Avissa Skin reserves the right to modify or discontinue, temporarily or permanently, all or any part of Avissa Skin text messages, with or without notice.
Mandatory Bilateral Arbitration, Class Action waiver. Please read this carefully. It affects your rights. YOU AND AVISSA SKIN AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS SMS TERMS AND CONDITIONS AGREEMENT OR THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Avissa Skin hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and Avissa Skin agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND AVISSA SKIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND AVISSA SKIN ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Avissa Skin on your behalf.
Practice Contact Information:
1715 Plymouth Rd
Ann Arbor, MI 48105
Phone: 734 316 5556