Last updated September 28, 2023
Please read these terms and conditions carefully. By providing your telephone number(s) and confirming your acceptance of SMS/text messages from Mia Aesthetics, through electronic and/or digital means, you expressly consent to receive recurring non-marketing and marketing text messages from Mia Aesthetics, and others texting on behalf of Mia Aesthetics, including text messages made with an automatic telephone dialing system, at the telephone number(s) that you provide. Your consent is not required to purchase any goods or services. You may opt out of these communications at any time. Message and data rates may apply. Message frequency varies.
If you do not consent to these SMS Terms And Conditions and do not agree to receive electronic disclosures, you must immediately stop using the SMS services that you have received and contact us as provided below.
Mia Aesthetics and its service providers may use an automatic telephone dialing system to deliver text messages to you. Mia Aesthetics text messages are intended to provide you with information about Mia Aesthetics’ goods and services, including information, offers and advertisements.
Message frequency varies. Message and data rates may apply to each text message sent or received in connection with Mia Aesthetics text messages as provided in your mobile telephone service rate plan, in addition to any applicable roaming charges. Please contact your mobile telephone carrier for pricing plans.
To opt in to receive text messages from Mia Aesthetics, you can opt in from by submitting your information on our free virtual consultation page or text START to 64223.
To stop receiving text messages from Mia Aesthetics, use the mobile phone corresponding to the number enrolled in Mia Aesthetics text messages and reply “STOP” in response to a text message from Mia Aesthetics text messaging program or text “STOP” to 64223. You will then receive confirmation of your opt-out. This will only opt you out of the specific text messaging program associated with that phone number or five-digit short code, and you will remain opted in to any other text messaging programs where you have enrolled.
To receive messages again, just reply START to 64223.
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Mia Aesthetics immediately if you change your mobile telephone number. You may notify Mia Aesthetics of a number change by contacting Customer Care at: email@example.com or by calling +1-305-330-4959.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS MIA AESTHETICS AND ITS AFFILIATES AND BRAND PARTNERS FROM ANY CLAIM OR LIABILITY, INCLUDING BUT NOT LIMITED TO ALL CLAIMS, EXPENSES, AND DAMAGES, RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE NUMBER YOU PROVIDED.
Carriers are not liable for delayed or undelivered messages. SMS text message delivery is not always predictable. SMS text message notifications may be delayed or not received.
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control of Mia Aesthetics, and Mia Aesthetics is not responsible or liable for issues arising from them.
For help or support, reply “HELP” in response to a text message from Mia Aesthetics text messaging program or text “HELP” to 64223. You may also receive help by e-mailing firstname.lastname@example.org or by calling +1-305-330-4959.
To receive Mia Aesthetics text messages, you must be a resident of the United States and 18 years of age or older. Mia Aesthetics reserves the right to require you to prove that you are at least 18 years of age.
Mia Aesthetics may revise, modify, or amend these SMS Terms and Conditions at any time. We will provide notice of any such revision, modification, or amendment through reasonable means, including but not limited by email to any email address you provide or by text message to any telephone number you provide. Said revision, modification, or amendment shall not apply retroactively and will not be effective until seven (7) days after we provide notice. If you do not agree to the revision, modification, or amendment, you must opt-out of Mia Aesthetics text messages within the 7-day notice period. If you do not opt-out, you will be deemed to have accepted the revision, modification, or amendment.
Mia Aesthetics may suspend or terminate your receipt of Mia Aesthetics text messages for any reason, including if Mia Aesthetics believes you are in breach of these SMS Terms and Conditions. Your receipt of Mia Aesthetics text messages is also subject to termination if your mobile telephone service terminates or lapses. Mia Aesthetics reserves the right to modify or discontinue, temporarily or permanently, all or any part of Mia Aesthetics text messages, with or without notice.
You may communicate with Mia Aesthetics via postal mail, telephone, and our website. Mia Aesthetics may issue notices via various channels, including by sending email to an address you provide. You agree that such notices shall have legal effect.
You also agree that notices sent by email satisfy any requirement that notices be provided in writing. If you do not agree, do not use Mia Aesthetics’ products or services.
Your consent to receive electronic communications applies as of the date on which you opt-in, which consent continues and extends thereafter. You may have the right to withdraw your consent to receive certain electronic communications, and when required by law, Mia Aesthetics will provide you with paper copies upon request at no charge. You may make such a request via any of the channels listed above. If you withdraw your consent, Mia Aesthetics reserves the right to terminate your use of Mia Aesthetics’ products or services.
To receive, access, and retain the notices that Mia Aesthetics sends via email, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you can receive, access, and retain the notices that Mia Aesthetics may send. You may update your contact information by contacting Customer Care at: email@example.com or by calling +1-305-330-4959.
All matters relating to these SMS Terms and Conditions, and any dispute or claim arising therefrom or related thereto (i.e., claims which do not arise out of or relate to surgical services provided to a Patient pursuant to the Patient Surgical Agreement – Terms & Conditions), including but not limited to claims arising under or related to the Telephone Consumer Protection Act (TCPA) (collectively, the “Subject Matters”), shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, the Subject Matters shall be submitted to
with the American Arbitration Association, in accordance with the Federal Arbitration Act (9 U.S.C. Section 1, et seq.) which shall apply to any such proceedings, including any actions to compel, enforce, vacate or confirm proceedings, awards, or orders of an arbitrator. No alternative dispute resolution agency other than the American Arbitration Association shall have jurisdiction to administer any claim arising out of or relating to the Subject Matters.
You acknowledge that you are giving up any right you may have to sue or bring any claim in a court of law. You acknowledge that you are giving up constitutional rights to have your claims decided in a court of law or before a jury and instead accepts the use of BINDING ARBITRATION as the EXCLUSIVE means to resolve such disputes.
A claim shall be waived and forever barred if (1) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable Florida statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence.
A demand for arbitration must be communicated in writing by U.S. mail, postage prepaid, to all parties, describing the claim against Mia Aesthetics, the amount of damages sought, and the names, addresses and telephone numbers of the claimant, and (if applicable) his/her attorney.
A single neutral arbitrator with the American Arbitration Association shall be designated to preside over the arbitration proceedings. The Arbitrator shall reside or have a principal place of business in Miami-Dade County, Florida.
Arbitration shall take place solely and exclusively in Miami-Dade County, Florida, to the exclusion of any other venue or jurisdiction without objection.
Each party retains the right to seek judicial assistance to: (i) compel arbitration; and (ii) enforce any decision of the arbitrator, including the final award.
Each Party to the arbitration shall bear their own costs, fees, and expenses. The arbitrator’s fees and expenses and any associated arbitration costs shall be split by the parties as follows: Claimant(s) are collectively responsible for 50% and Respondent(s) are collectively responsible for 50%.
YOU AND MIA AESTHETICS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR MIA AESTHETICS’ INDIVIDUAL CAPACITY AND NOT AS A CLAIMANT, PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS-ACTION, GROUP ACTION OR REPRESENTATIVE ACTION. ADDITIONALLY, NO ARBITRATOR OR JUDGE SHALL BE PERMITTED TO CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF ANY REPRESENTATIVE OR CLASS PROCEEDING.