Introduction
Aetheria Aesthetics LLC, a Pennsylvania limited liability company, doing business as Aetheria Aesthetics and Wellness (“we”, “us”, or “our”) operates the website, www.aetheriaaesthetics.com (the “Site”), which provides a platform regarding our products and services (the “Services”), as well as other information and services we may post. The Site and the Services are made available to you only under the following terms of service (the “Terms”).
By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you should not use or access this Site. We reserve the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes.
Agreement to these Terms also constitutes your agreement to the Aetheria Aesthetics and Wellness Privacy Policy (the “Privacy Policy”), which is incorporated herein.
Use of the Site
No Medical Advice Disclaimer
The content provided on the Site, including but not limited to text, graphics, images, videos, and other material, is for general informational and educational purposes only and is not intended as, nor should it be relied upon as, a substitute for professional medical advice, diagnosis, or treatment.
The Site does not provide medical advice, and the information presented is not intended to be used for self-diagnosis or treatment of any health-related condition. Always seek the advice of a physician or other qualified healthcare provider with any questions you may have regarding a medical condition, procedure, or treatment.
Use of this Site or communication through it (including contact forms, chats, or email) does not create a provider-patient relationship. Do not disregard professional medical advice or delay in seeking it because of something you have read on this Site.
If you are experiencing a medical emergency, call 911 or your local emergency services immediately.
Privacy and HIPAA Disclaimer
Please note that while we are committed to protecting your information, the Site is not intended to receive or transmit protected health information (PHI) as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Do not submit personal health details, medical records, or other confidential medical information through general contact forms, chat features, or unencrypted communication channels on the Site.
Minor Disclaimer
This Site is not intended for use by any one under the age of thirteen. Any minor requesting Services via the Site must have a parent or legal guardian’s consent prior to any engagement.
Appointment Requests and Scheduling Terms
The Site offers features that allow you to request or schedule appointments. All appointments made through the Site are subject to confirmation and availability, and no booking is considered final until you receive written or electronic confirmation from our staff. We reserve the right to reschedule or cancel appointments due to provider availability, emergencies, or other operational needs.
If you need to cancel or reschedule an appointment, we request at least 24 hours’ notice. Missed appointments or cancellations made with less than 24 hours’ notice may be subject to a cancellation fee, in accordance with our office policy. By submitting a request for an appointment, you agree to be contacted via phone, email, or text regarding scheduling and services.
Access to Services
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Site. Company retains all rights and interest in and to the Site, all of its contents, and any intellectual property associated with the Site. We reserve the right, in our sole discretion and without notice to you, to revise the Services available on the Site and to change, suspend, or discontinue any aspect of the Site. We may also impose rules for and limits on use of the Site or restrict your access to part or all of the Site without notice or penalty.
Use of Third-Party Offerings
Our Services allow you to access applications, websites, content, products, or services provided by third parties through links that are made available on the Site. We refer to all such applications, websites, content, services, and products as “Third-Party Offerings”. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). We are not the provider of, and are not responsible for, any such Third-Party Offerings, and these Terms do not themselves grant you any rights to access, use, or purchase any Third-Party Offerings.
Payments, Purchases, and Refunds
The Site may allow you to purchase gift cards, products, or book certain services. By completing a transaction through the Site, you agree to provide current, complete, and accurate payment and billing information. All prices listed are in U.S. dollars and are subject to change without notice. We reserve the right to modify or discontinue any products or services at any time without prior notice.
Refunds. All sales of products and gift cards are final, unless otherwise specified. For services, our refund and rescheduling policies will be outlined at the time of booking and may vary depending on the service type. Refunds for canceled or rescheduled appointments will follow our in-office cancellation policy. By submitting payment, you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase, including applicable taxes and fees.
Gift Cards. Any gift cards issued will not expire nor incur inactivity fees, unless permitted by applicable law.
Results Disclaimer
The services and treatments offered are designed to enhance your well-being and appearance. However, individual results may vary based on factors such as skin type, health status, age, and adherence to post-treatment care. We cannot guarantee specific results or outcomes for any treatment or procedure. The information and testimonials displayed on the Site are not intended to represent or guarantee that anyone will achieve the same or similar results. You acknowledge that aesthetic and wellness services carry varying degrees of risk, and outcomes depend on a variety of individualized factors.
Messages
The Site may incorporate the ability to contact us via direct messaging, including via the Site, email, and/or SMS message. By providing such information, you consent to Company contacting you. You may opt-out of receiving automated messages at any time by notifying the Company. In the event that you send a message, you represent and warrant that: (a) all required information that you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Disclaimers, Limitations, and Exclusions of Liability
Disclaimer: The information contained in the Site is provided for informational purposes only.
Limited Warranties
THE SITE, ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES RELATED TO THE FOREGOING, AND THE SERVICES RECEIVED BY YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS FREE.
WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICES, AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICES. NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE PROVIDES COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY, OR REMOVE CONTENT, MEDIA, INFORMATION, OR ANY OTHER MATERIAL FROM THE SITE AND FROM THE OUTPUT OF THE SITE. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE MAY, IN OUR DISCRETION, FILTER OUT LINKS TO CONTENT AGGREGATORS, SEARCH ENGINES, OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.
Limitation of Liability
USE OF OUR SITE AND/OR THE SERVICES RECEIVED BY YOU ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SITE, OR THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SITE, OR THE SERVICES, AS DEFINED HEREIN, EXCEED THE GREATER OF FIFTY DOLLARS (U.S. $50.00) OR THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE PRIOR SIX (6) MONTHS HEREUNDER.
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE AND THE SERVICES TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU WITHOUT THIS LIMITATION.
Indemnification
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND AETHERIA AESTHETICS LLC, ITS SUBSIDIARIES, DIVISIONS, AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES OF DEFENSE, INCLUDING ATTORNEYS’ FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR ILLEGAL USE OF THE SITE, YOUR VIOLATION OF THESE TERMS OR THE PRIVACY POLICY OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Additional Terms
Governing Law
These Terms will be governed by the laws of the Commonwealth of Pennsylvania without giving effect to any conflict of law principles that may require the application of the law of another jurisdiction.
Disputes
Any dispute relating in any way to your visit to or use of the Site, to the Services you purchase through the Site, or to your relationship with us will be submitted to confidential arbitration in Pennsylvania. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Pennsylvania.
Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of this Site or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
Modifications to Terms
We may change these Terms from time to time. Any such changes will become effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. If you object to any such changes, your sole recourse will be to cease using the Site and the Services. Continued use of the Site or the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
Waiver; Remedies
The failure of us to, partially or fully, exercise any rights or the waiver of any breach of these Terms of Service by you will not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of us under these Terms and any other applicable agreement between you and us will be cumulative, and the exercise of any such right or remedy will not limit our right to exercise any other right or remedy.
How to Contact Us
Please contact us by email if you have any questions about these Terms.
Email: [email protected]