Terms & Conditions

Terms & Conditions

These Terms & Conditions govern your use of the Spa Lumiere Rejuvenation Medical Spa website, Spalumierema.com, and any services provided through it.

These Terms & Conditions are effective as of 29 February 2024 and were last updated on 29 February 2024.

AGREEMENT TO TERMS

By accessing or using the website of Spa Lumiere Rejuvenation Medical Spa ("Company," "we," "us," or "our"), including submitting information through our online forms or communicating with us via text message, you agree to be bound by these Terms & Conditions and our Privacy Policy available at https://spalumierema.com/privacy-policy/.

By using our website, you also acknowledge that you have read and understood our Privacy Policy.

If you do not agree with these Terms & Conditions, please do not use our website or services.

SERVICES

We reserve the right to modify, suspend, or discontinue any part of our services at any time. Where practicable, we will endeavor to provide reasonable advance notice of material changes to our services.

ELIGIBILITY

You must be at least 18 years old to use our website or submit personal information. By using our website, you represent that you meet this requirement.

If you have reason to believe that a minor has submitted personal information through our website, please contact us by phone at (727) 372-4800 so we may take appropriate action.

USER RESPONSIBILITIES

When using our website or services, you agree to:

• Provide accurate and complete information.
• Use our website only for lawful purposes.
• Not misuse, disrupt, or interfere with our website or systems.
• Not attempt unauthorized access to any part of our systems.

SMS MESSAGING TERMS

Consent to Receive SMS Messages: By providing your mobile phone number through our website forms, appointment scheduling tools, chat features, or other communication channels, you expressly consent to receive text messages from Spa Lumiere Rejuvenation Medical Spa. This consent is obtained through a clear and conspicuous opt-in disclosure in accordance with the Telephone Consumer Protection Act (TCPA) and applicable FCC regulations.

These messages may include:

• Appointment reminders
• Service updates
• Order confirmations
• Customer service responses
• Promotional or marketing messages (where applicable)

Message Frequency: Message frequency may vary depending on your interaction with us.

Message & Data Rates: Message and data rates may apply according to your mobile carrier plan.

Opt-Out Instructions: You may opt out of receiving text messages at any time by replying:

• STOP – to unsubscribe
• CANCEL or UNSUBSCRIBE – also accepted to unsubscribe
• HELP – for assistance

Opt-out requests will generally be processed within 10 business days.

For additional assistance, please call us at (727) 372-4800.

Consent Not Required for Purchase: Your consent to receive text messages is not a condition of purchasing any goods or services.

Carriers: Mobile carriers are not liable for delayed or undelivered messages.

PRIVACY

We respect your privacy. Any personal information collected through our website or SMS communications is handled in accordance with our Privacy Policy available at https://spalumierema.com/privacy-policy/.

We do not sell or share your phone number with third parties for their marketing purposes.

Personal information collected through our website and SMS communications is retained only for as long as necessary to fulfill the purposes for which it was collected or as required by applicable law.

In the event of a data breach affecting your personal information, we will notify you as required by applicable law.

PAYMENTS & BILLING

If you purchase products or services from us:

• All prices are subject to change without notice.
• Payment is due at the time of purchase unless otherwise agreed.

INTELLECTUAL PROPERTY

All website content, including text, graphics, logos, images, videos, design elements, and other materials, is the property of Spa Lumiere Rejuvenation Medical Spa and its licensors and is protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, or otherwise use our content without our prior written permission.

DISCLAIMER OF WARRANTIES

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, SPA LUMIERE REJUVENATION MEDICAL SPA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, OUR WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO SPA LUMIERE REJUVENATION MEDICAL SPA IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THIRD-PARTY LINKS

Our website may contain links to third-party websites that are not owned or controlled by us. We are not responsible for the content, privacy practices, or policies of those third-party websites.

DISPUTE RESOLUTION; ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms & Conditions or your use of our website or services shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive or other equitable relief in court for infringement of intellectual property rights.

YOU AND SPA LUMIERE REJUVENATION MEDICAL SPA EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

Arbitration shall take place in Lutz, Florida. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

TERMINATION

We reserve the right to suspend or terminate access to our website or services at our sole discretion if these Terms & Conditions are violated.

GOVERNING LAW

These Terms & Conditions are governed by the laws of the State of Florida, without regard to its conflict of law principles.

Any disputes not subject to the arbitration provision above shall be resolved exclusively in the state or federal courts located in Florida, and you consent to the personal jurisdiction of such courts.

CHANGES TO THESE TERMS

At our discretion, we may update these Terms & Conditions from time to time to reflect changes in our business practices, legal requirements, or services.

For material changes, we will provide at least thirty (30) days' prior notice by posting a prominent notice on our website where required by applicable law.

Changes will be reflected by updating the Effective Date shown at the top of this page.

Your continued use of our website after any updates constitutes your acceptance of the revised Terms & Conditions.

GENERAL

Entire Agreement. These Terms & Conditions, together with our Privacy Policy and any applicable Order Form or service agreement, constitute the entire agreement between you and Spa Lumiere Rejuvenation Medical Spa regarding your use of our website and services. These terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and Spa Lumiere Rejuvenation Medical Spa relating to the same subject matter.

Amendments. Except as provided in Section 15 (Changes to These Terms), these terms may not be amended or modified except by a written agreement signed by both parties or through an account management or online process made available by Spa Lumiere Rejuvenation Medical Spa on its website. No other act, document, usage, or custom will be deemed to amend or modify these terms.

Severability. If any provision of these terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect.

Waiver. The failure of Spa Lumiere Rejuvenation Medical Spa to enforce any right or provision of these terms will not constitute a waiver of that right or provision. Any waiver of any provision of these terms will be effective only if in writing and signed by Spa Lumiere Rejuvenation Medical Spa.

Assignment. You may not assign or transfer any of your rights or obligations under these terms without the prior written consent of Spa Lumiere Rejuvenation Medical Spa. Spa Lumiere Rejuvenation Medical Spa may assign these terms, in whole or in part, without restriction.

CONTACT US

If you have any questions regarding these Terms & Conditions, please contact us using the following details:

Spa Lumiere Rejuvenation Medical Spa
18713 N Dale Mabry Hwy Ste A
Lutz, FL 33548
Phone: (727) 372-4800
Website: Spalumierema.com