SMS
TERMS & CONDITIONS
Jan 2024

By checking the box to sign up for one or more text messaging programs, or by submitting a form on our website or any of Avissa’s promotion and / or advertising form on social media (i.e. instance Facebook, Instagram), search engines (i.e. Google, Bing) and other similar means, you expressly consent to receive non-marketing and marketing text messages from Avissa and / or  third parties working on behalf of Avissa. 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. 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 and / or third parties working on behalf of Avissa or by replying STOP to text messages or UNSUBSCRIBE from emails received. You also accept and agree to be bound by these SMS Terms and Conditions, our website Terms of Use and Privacy Statement, and any other applicable terms and agreements related to your use of Avissa’s services.

Program Details:
Appointment Reminders and Promotional Communications.

How to Opt-Out
To stop receiving text messages from Avissa, simply reply “STOP” to the messages on your mobile device. To stop receiving email communication you can click “Unsubscribe” in body of the email received. You may also email info@avissaskin.com to request removal from further text and email communication.

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 immediately if you change your mobile telephone number. You may notify Avissa of a number change by emailing info@avissaskin.com.

You agree to indemnify Avissa in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Avissa 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
Message frequency varies. The text messages that we provide are being delivered as a convenience to you for information or marketing purposes.

Cost
Message and data rates may apply to each text message sent or received in connection with text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.

Privacy
Avissa’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’s control, and Avissa is not responsible or liable for issues arising from them.

Modifications and Updates to Terms and Conditions
Avissa 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’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 text messages will indicate your acceptance of those changes.

Termination of Text Messaging
Avissa may suspend or terminate your receipt of text messages if Avissa believes you are in breach of these SMS Terms and Conditions. Your receipt of Avissa text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Avissa reserves the right to modify or discontinue, temporarily or permanently, all or any part of Avissa text messages, with or without notice.

Dispute Resolution
Mandatory Bilateral Arbitration, Class Action waiver. Please read this carefully. It affects your rights. YOU AND AVISSA 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 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 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 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 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 on your behalf.

Practice Contact Information:
Avissa Skin
1715 Plymouth Rd
Ann Arbor, MI 48105
Phone: 734 316 5556
Email: info@avissaskin.com