TERMS & CONDITIONS
INFORMATION ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE CONTENT PROVIDED ON THIS WEBSITE SHOULD BE USED FOR INFORMATIONAL
PURPOSES ONLY. THIS WEBSITE IS NOT INTENDED TO PROVIDE MEDICAL INFORMATION
AND SHOULD NOT BE RELIED UPON BY ANY PERSON FOR ANY MEDICAL, DIAGNOSTIC OR
TREATMENT REASONS. ANY TESTIMONIALS FOUND ON THIS WEBSITE ARE NOT INTENDED
TO REPRESENT OR GUARANTEE THAT ANY INDIVIDUAL WILL RECEIVE THE SAME OR
SIMILAR RESULTS. THE RESULTS DESCRIBED IN THE TESTIMONIALS MAY NOT BE TYPICAL
AND INDIVIDUAL RESULTS MAY VARY.
Information on this web site may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice. Sage Aesthetics may also make
improvements and/or changes in the products and/or the programs described in this
information at any time without notice.
Any comments or materials sent to Sage Aesthetics including feedback data, such as
questions, comments, suggestions, or the like regarding the content of any such documents
(collectively “Feedback”), shall be deemed to be non-confidential. Sage Aesthetics shall
have no obligation of any kind with respect to such Feedback and shall be free to reproduce,
use, disclose, exhibit, display, transform, create derivative works and distribute the
Feedback to others without limitation. Further, Sage Aesthetics shall be free to use any
ideas, concepts, know-how or techniques contained in such Feedback for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing products
incorporating such Feedback.
Information that Sage Aesthetics publishes on the World Wide Web may contain references
or cross references to Sage Aesthetics products, programs and services that are not
announced or available in your country. Such references do not imply that Sage Aesthetics
intends to announce such products, programs or services in your country. Consult your local
Sage Aesthetics business contact for information regarding the products, programs and
services which may be available to you.
Sage Aesthetics makes no representations whatsoever about any other web site, which you
may access through this one. When you access a non-Sage Aesthetics web site, pleaseunderstand that it is independent from Sage Aesthetics, and that Sage Aesthetics has no
control over the content on that web site. In addition, a link to a non-Sage Aesthetics web
site does not mean that Sage Aesthetics endorses or accepts any responsibility for the
content, or the use, of such website. It is up to you to take precautions to ensure that
whatever you select for your use is free of such items as viruses, worms, trojan horses and
other items of a destructive nature.
This site is designed and maintained by Sage Aesthetics. All content included in this website,
including but not limited to text, design, graphics, and audio clips, (the “Content”) are
subject to the copyright and other intellectual property rights of Sage Aesthetics. Content
may not be reproduced, copied, downloaded, distributed, reused or modified without prior
written permission from Sage Aesthetics.
All listings, advertisements, other information, and all rights and remedies arising therefrom,
or from the use of this web site or any portion hereof, are governed exclusively by the laws of
California, without regard to the conflicts of laws, and your use of this website is your
acceptance of the said laws. The user also agrees and hereby submits to the exclusive
personal jurisdiction and venue of the courts located in San Diego County, California.
Except where otherwise prohibited, you agree that all disputes, claims, or proceedings,
directly or indirectly arising out of your use of the Sage Aesthetics website shall be resolved
exclusively by arbitration, which can be pursued by you only on an individual basis and not
on behalf of any other individuals, including without resort to any form of class action.
You agree that, by using this website, that you and Sage Aesthetics are each waiving the right
to a trial by jury or to participate in a class action, and that all disputes with Sage Aesthetics
arising in any way from the use of this website shall be resolved exclusively through final and
binding arbitration, and not by a court or jury.
IN NO EVENT WILL SAGE AESTHETICS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON
ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR
INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL SAGE AESTHETICS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL OR OTHER
CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER
HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION
HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.DISPUTE RESOLUTION.
In General. In the interest of resolving disputes between you and Sage Aesthetics in the most
expedient and cost-effective manner, you and Sage Aesthetics agree that any dispute arising
out of or in any way related to these terms or your use of the Service will be resolved by
binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be
subject to very limited review by courts. Arbitrators can award the same damages and relief
that a court can award. These terms to arbitrate disputes includes all claims arising out of or
in any way related to these terms or your use of the Service, whether based in contract, tort,
statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a
claim arises during or after the termination of these terms. YOU UNDERSTAND AND AGREE
THAT, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, BY
ENTERING INTO THESE TERMS, YOU AND SAGE AESTHETICS ARE EACH WAIVING THE
RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU
FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMS WILL APPLY TO YOU
AND SAGE AESTHETICS UNLESS YOU CHOOSE TO OPT OUT AS PROVIDED BELOW. Whether
to agree to arbitration is an important business decision. It is your decision to make, and you
should not rely solely on the information provided in these terms as it is not intended to
contain a complete explanation of the consequences of arbitration. You should take further
steps to conduct research and to consult with others, including, but not limited to, an
attorney, regarding the consequences of your decision, just as you would when making any
other important business or life decision.
Exceptions. Despite the provisions above, nothing in these terms will be deemed to waive,
preclude, or otherwise limit the right of either party to (1) bring an individual action in small
claims court; (2) bring an action in a court pursuant to the California Private Attorneys
General Act of 2004, California Labor Code § 2698 et seq.; (3) seek injunctive relief in a court
of law; or (iv) to file suit in a court of law to address an intellectual property infringement
claim.
Arbitrator. Any arbitration between you and Sage Aesthetics will be governed by the Federal
Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the
Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the
American Arbitration Association (“AAA”), as modified by these terms, and will be
administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org,
by calling the AAA at 1-800-778-7879, or by contacting Sage Aesthetics. The arbitrator has
exclusive authority to resolve any dispute relating to the interpretation, applicability, or
enforceability of this binding arbitration agreement.
Notice and Process. A party who intends to seek arbitration must first send a written notice
of the dispute to the other party by U.S. Mail or electronic mail within the applicable statute
of limitations period (“Notice”). Sage Aesthetics’s address for Notice is as follows:
liz@sageaestheticssd.com. The Notice must describe the nature and basis of the claim or
dispute and set forth the specific relief sought (“Demand”). The parties will make good faithefforts to resolve the claim directly, but if the parties do not reach an agreement to do so
within 30 days after the Notice is received, you or Sage Aesthetics may commence an
arbitration proceeding. During the arbitration, the amount of any settlement offer made by
you or Sage Aesthetics must not be disclosed to the arbitrator until after the arbitrator makes
a final decision and award, if any. If the dispute is finally resolved through arbitration in your
favor, Sage Aesthetics will pay you the highest of the following: (a) the amount awarded by
the arbitrator, if any; (b) the last written settlement amount offered by Sage Aesthetics in
settlement of the dispute prior to the arbitrator’s award; or (c) $1,000.00.
No Class Actions. UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW IN YOUR
JURISDICTION, YOU AND SAGE AESTHETICS AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING
(OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE
ATTORNEYS GENERAL ACT OF 2004, CALIFORNIA LABOR CODE § 2698 ET SEQ. WHICH ARE
NOT COVERED BY THIS SECTION 18). Further, unless both you and Sage Aesthetics agree
otherwise, the arbitrator may not consolidate more than one person’s claims and may not
otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provisions. If Sage Aesthetics makes any future change to
this arbitration provision, other than a change to Sage Aesthetics’s address for Notice, you
may reject the change by sending us written notice within 30 days of the change to Sage
Aesthetics’s address for Notice, in which case this arbitration provision, as in effect
immediately prior to the changes you rejected, will continue to govern any disputes between
you and Sage Aesthetics. If you do not send such written notice, your continued use of the
Service following any such change means that you have consented to such change.
Enforceability. If this section is found to be unenforceable or if the entirety of the dispute
resolution terms are found to be unenforceable, then the entirety of such provision will be
null and void and, in that case, the parties agree that the exclusive jurisdiction and venue
described below will govern any action arising out of or related to these health website terms
or your use of the Service.
Opt Out. Arbitration is not a mandatory condition of these terms. If you do not want to be
subject to this Dispute Resolution provision, you may opt out of this Dispute Resolution
provision by notifying Sage Aesthetics in writing of your decision by sending, within 30 days
of the date you receive these terms, an electronic message to liz@sageaestheticssd.com,
clearly stating your full name and intent to opt out of the Dispute Resolution provision.
Should you choose not to opt out of this Dispute Resolution provision within the 30-day
period, you and Sage Aesthetics will be bound by the terms of this Dispute Resolution
provision. You have the right to consult with counsel of your choice concerning this Dispute
Resolution provision. You understand that you will not be subject to retaliation if you exercise
your right to opt out of coverage under this Dispute Resolution provision.Protected Activity Not Prohibited. You should understand that, insofar as permitted by
applicable law, nothing in these terms will in any way limit or prohibit you from filing a charge
or complaint with, or otherwise communicating or cooperating with or participating in any
investigation or proceeding (“Protected Activity”) that may be conducted by any federal,
state, or local government agency or commission (“Government Agencies”). You understand
that in connection with such Protected Activity, you are permitted to disclose documents or
other information as permitted by law, and without giving notice to, or receiving authorization
from, Sage Aesthetics. Notwithstanding, in making any such disclosures or
communications, you agree to take all reasonable precautions to prevent any unauthorized
use or disclosure of any information that may constitute Sage Aesthetics’s confidential
information to any parties other than the Government Agencies.
GOVERNING LAW/WAIVER OF TRIAL BY JURY.
The laws of the State of California, excluding its conflicts of law rules, govern these terms
and your use of the Service. Your use of the Service may also be subject to other local, state,
national, or international laws; provided, however, that the United Nations Convention on
Contracts for the International Sale of Goods will not apply to any provision of these terms.
To the extent that any action relating to any dispute under these terms is permitted to be
brought in a court of law, such action will be subject to the exclusive jurisdiction of the state
and federal courts located in Orange County, California and you irrevocably submit to
personal jurisdiction in such courts and waive any defense of inconvenient forum.
EXCEPT WHERE PROHIBITED BY LAW, THE PARTIES EXPRESSLY WAIVE TRIAL BY JURY IN
ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM
ARISING OUT OF OR RELATING TO THESE TERMS.
Notices. All notices, requests, or consents required or permitted under these terms will be
in writing (including electronic form) and will be delivered to the address as the party may
designate in a notice served upon the other party in the manner provided for below. Each
notice, request, consent, or other communication will be given and will be effective: (1) if
delivered by hand, when so delivered; (2) if delivered by nationally recognized overnight
courier service or sent by United States Express Mail, upon confirmation of delivery; (3) if
delivered by certified or registered mail, on the third following day after deposit with the
United States Postal Service; or (4) if delivered by facsimile, upon confirmation of successful
transmission, and if delivered by email, upon confirmation of successful transmission based
on the electronic records of the Sage Aesthetics.
Severability. The provisions of these terms are severable. The invalidity, in whole or in part, of
any provision of these terms will not affect the validity or enforceability of any other of its
provisions. If one or more provisions of these terms are declared invalid or unenforceable,
the remaining provisions will remain in full force and effect and will be construed in the
broadest possible manner to effectuate the purposes of these terms.Cancellation Policy
Sage Aesthetics has a 24-hour cancellation policy. Should you need to cancel or reschedule
an appointment please give us 24 hours notice so we can make the time available to other
clients. Failure to show up for a scheduled appointment will result in forfeiture of prepaid
services booked.
Return Policy
No refunds are made for products, service packages and pre-paid treatments once they are
purchased. If for some reason you are not able to use an un-rendered, pre-paid service,
credit for the pro-rated share of unused treatments at the discounted package price may be
extended, and this may be used to purchase other treatments or products offered by Sage
Aesthetics. Unopened products may be exchanged for alternative products within 7 days of
purchase.
Treatment Outcomes
Sage Aesthetics is committed to serving you in the best way that we can. We will be honest
in all our dealings with you. Aesthetics is not an exact science and how you may respond to
a given treatment will vary from person to person. It is virtually impossible to predict results
and therefore payments made for services are for treatments to be performed – not for a
specific result. However, we always strive to achieve the absolute best result that we can for
you. Thank you for allowing us to serve you!
Revisional Treatment or Treatment of Complications
The practice of medicine and aesthetics is not an exact science, and medical spa treatments
are the practice of medicine. Although good results are anticipated, there can be no
guarantee or warranty, expressed or implied, by anyone as to the actual results you may get.
Occasionally, additional treatments and/or treatment for problems or complications may be
required. These could result in additional charges for which you may be responsible.
Tipping and Gratuity
Sage Aesthetics is a non-tipping facility. The best tip we can receive is your repeat business
and referrals.
Rights Reserved
Sage Aesthetics will try to communicate policy changes with you in advance wherever
possible. However, we do reserve the right to change our policies without notice.Practice-Patient Relationship
We love having you as a patient, but we do reserve the right to refuse service at any time, to
anyone, for any reason.