Términos del servicio

Total Med Solutions Terms of Service
Last updated: August 25, 2023
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before
using the https://mytotalskin.com website (“Service”) operated by Total
Med Solutions (“us”, “we”, or “our”) or the e-commerce shopping cart.
Treatments and Services. All treatments and services must be administered by a
qualified and certified healthcare practitioner at a Total Med Solutions clinic. For
internet purchases, injectables will not be mailed. Injection services must be
performed in a Total Med Solutions clinic by a qualified and certified healthcare
practitioner. When purchasing a special offer on our website or associated
vendor, you will receive an email receipt which must be printed and brought to
the clinic on the day of service. Injectables and treatments are for on-label use.
Advertised Special Offers, Coupons, or Deals. Limit one offer per customer per
visit. Only one offer for the same service/procedure in a 3-month period. All offers
are non-transferable.
Your access to and use of the Service is conditioned on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and others
who access or use the Service. By accessing or using the Service you agree to
be bound by these Terms. If you disagree with any part of the terms then you
may not access the Service.
Termination. We may terminate or suspend access to our Service immediately,
without prior notice or liability, for any reason whatsoever, including without
limitation if you breach the Terms. All provisions of the Terms which by their
nature should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and limitations
of liability.
Links To Other Websites. Our Service may contain links to third-party websites or
services that are not owned or controlled by Total Med Solutions. Total Med
Solutions has no control over and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites or services. You further
acknowledge and agree that Total Med Solutions shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of or reliance on any such content,
goods or services available on or through any such websites or services. We
strongly advise you to read the terms and conditions and privacy policies of any
third-party websites or services that you visit.
Governing Law. These Terms shall be governed and construed in accordance
with the laws of the United States of America, without regard to its conflict of law
provisions. Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held to be
invalid or unenforceable by a court, the remaining provisions of these Terms will
remain in effect. These Terms constitute the entire agreement between us
regarding our Service, and supersede and replace any prior agreements we
might have between us regarding the Service.
Changes. We reserve the right, at our sole discretion, to modify or replace these
Terms at any time. If a revision is material, we will try to provide at least 30 days
notice prior to any new terms taking effect. What constitutes a material change
will be determined at our sole discretion. By continuing to access or use our
Service after those revisions become effective, you agree to be bound by the
revised terms. If you do not agree to the new terms, please stop using the Service.

Beauty Rewards Terms

Thank you for reviewing the terms (“Terms”) for the Beauty Rewards program (the “Program”). These Terms are between you and TOTALSKIN and/or its affiliates (“TOTALSKIN” or “us” or “we”) and govern our respective rights and obligations. You become a Beauty Rewards member by enrolling in or participating in the Program. The Program is also subject to our Terms and Conditions and Privacy Policy, as well as all other applicable terms, conditions, limitations, and requirements. The Terms, together with applicable terms related to any promotional offers provided to you for use with the Program, constitute the entire agreement between you and TOTALSKIN related to the Program. TOTALSKIN may update or terminate the Terms and the Program at its sole discretion. If we make changes to the Terms or terminate the Program, we may notify you by email and/or post new Terms at MYTOTALSKIN.com. You agree to any updates to the Terms by participating or remaining in the Program.

THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECTS YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW. 

1. Eligibility
2. Age
   Membership is open to individual U.S. residents (50 states, DC, and Puerto Rico) at least 13 years of age. If you are between 13 and the age of majority (18–21 years old), you may join the Program only with the permission of a parent or guardian.
3. Email and Electronic Communications
   You must provide and maintain a valid email address and promptly update your Program account (“account” or “Program account”) with any changes, and you acknowledge and expressly consent to receipt of electronic communications from TOTALSKIN about your membership in the Program and promotional offers.
4. Participating Properties
   Membership is not valid currently at any retail store or Total Med Solutions physical clinic locations.
   
   D.   Account Activity

To remain eligible for the Program, you must maintain an active account. Account activity means a qualifying purchase made with your Beauty Rewards membership at least once in every rolling 24-month period.

If your Program account is inactive for 24 months we will terminate your Program account. You may return your Program account to active status at any point during the 24-month period by simply engaging in account activity. If you wish to be a member in the Program after you are terminated, you must create a new Program account. If you have points at the time we terminate your Program account, you will forfeit any points that have accrued in your account.

Please see also Section 6, Member Cancellation, for additional information.

1. Resellers
   Resellers are excluded from the Program. If we, in our sole discretion, determine you to be a reseller, your account may be terminated in accordance with Section 6 below.
2. Benefits
3. Point Receipt

Members who have purchases that are considered eligible transactions MYTOTALSKIN.COM receive points on qualifying Net Purchases. Beauty Rewards members will receive 10% back in rewards (1 points for every $1 spent) made on qualifying Net Purchases. “Net Purchase” means any purchase of goods or services on MYTOTALSKIN.COM but excluding: 1) refunds, returns and/or unauthorized transactions; 2) cash advances or balance transfers; 3) any purchase of a product that is functionally equivalent to cash or a cash transaction, including without limitation, wire transfers, money orders, bets, lottery tickets or casino gaming chips; 4) certain taxes and delivery charges; 5) any annual fee or other fees paid on these cards; or 6) other excluded items or transactions in particular promotions.

1.    Point Receipt Exclusions

TOTALSKIN may also periodically identify certain products and offers that are excluded from receiving points. For illustration, the following purchases by Beauty Rewards members are excluded (“Non-Qualifying Purchases”): 1) purchases made prior to becoming a member; 2)  purchases from a third-party website or marketplace (such as Amazon, Google or eBay); 3) purchases from third party sites operating on TOTALSKIN’S behalf; transactions including instant rebates; 4) pre-orders at the time of deposit; 5) purchases made for resale; 6) purchases involving promotional financing; 7) purchases of TOTALSKIN gift cards; 8) sales tax; 9) donations; 10) service charges, regulatory fees or other excluded transactions or charges in particular promotions 11) purchases made at any Total Med Solutions location; and 12) certain commercial purchases.

1. Point Redemption
   Beauty Rewards members may redeem points toward the issuance of reward codes. If you are a Beauty Rewards member, for every 50 Beauty Rewards points you receive, you will be eligible to receive a $5 reward code. Reward codes are coupons for discounts on future purchases on MYTOTALSKIN.COM and may be redeemed only for a discount on purchase amounts equal to or greater than the sum of the reward certificate(s) presented for redemption, excluding “Non-Qualifying Redemptions” (see below). Reward codes are not transferable and may be used only by the member to whom they are issued. Reward codes may NOT be used in conjunction with most other discounts or offers toward the purchase of products, not to exceed the purchase amount. Reward codes have no cash value, and no change will be given for reward code redemption. Reward codes may be used only once. Reward codes expire at 11:59 p.m. CT on the 1st day of the 9th month from date that the reward points were earned. Reward code value forfeited upon return of product or service purchased with certificate.
2.   Point Redemption Exclusions

You may redeem the reward code when the purchase value (excluding tax, less discounts) exceeds the reward code amount. Redemption of reward code is excluded from the following purchases and transactions (“Non-Qualifying Redemptions”): 1) Prior purchases; purchases products, 2) purchases from a third-party website or marketplace (such as Amazon, Google or eBay); 3) purchases of TOTALSKIN gift cards; 4) purchases at Total Med Solutions locations; 5) purchases made for resale; 6) certain product bundles or values of free items 7)any online transaction that contains the purchase of a TOTALSKIN gift card; 8) sales tax, service and other excluded charges; 9) discounted commercial purchases; and 10) other exclusions in particular promotions.

1. Member Pricing
   Member purchases of certain products and services (which may include Non-Qualifying Purchases) may be eligible for discounts or reduced member pricing on mytotalskin.com. These are limited-time offers and subject to offer limitations communicated by us. For example, certain products identified by us may be eligible for Member Pricing from time to time.
2. Additional Benefits

Members may receive additional benefits identified by TOTALSKIN from time to time.

1. Privacy Policy

The information you provide as a member of the My Best Buy Program will be handled according to the TOTALSKIN Privacy Policy. If you are interested in learning more about TOTALSKIN privacy practices, please contact TOTALSKIN at 214.987.9200 or visit https://mytotalskin.com/policies/privacy-policy.

1. Terms May Vary

Occasionally TOTALSKIN tests new products, services or promotions. If you choose to participate, the terms and conditions in such tests may vary from the Terms. We will identify the changes when different terms and conditions apply.

1. Limitations
   You may not transfer or assign your Program membership or any Program benefits. Only one Program membership will receive points in any one transaction. Points, and reward certificates have no cash value and may not be transferred.
2. Membership Cancellation
   You may cancel your membership in the Program at any time by email (ZO@totalmedsolutions.com) or phone (214.987.9200).

If you are a Beauty Rewards member, and you or TOTALSKIN cancel your membership, you will forfeit any remaining points from date of cancellation.

If your account has a negative points balance, we may immediately cancel or reverse any or all outstanding points as well as issued reward codes.

We may not issue you any reward code(s) if we terminate your account because of conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of Program membership, or is harmful to our interests or those of another customer. We also reserve the right to deny future membership if we deem your conduct to violate these Terms. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

1. Member Communications
   You may view your membership activity online at mytotalskin.com. For information about your membership, contact Best Buy by email (ZO@totalmedsolutions.com) or phone (214.987.9200).

Or you can contact us by mail at:
TOTAL MED SOLUTIONS

C/O TOTALSKIN

6101 Windcom court #310 Plano, TX 75093

We may, in our discretion, change these Terms, mytotalskin.com Terms and Conditions, Privacy Policy, Beauty Rewards account Terms, or any aspect of Program membership at any time without notice. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

1. General Program Information
   The Beauty Rewards program is brought to you by TOTALSKIN, TOTAL MED SOLUTIONS, the TOTALSKIN logo, the tag design, MYTOTALSKIN.COM, BEAUTY REWARDS, and other logos and taglines are the intellectual property of TOTAL MED SOLUTIONS/ TOTALSKIN, licensed to TOTALSKIN, and others under controlled conditions. Program Terms are void where and to the extent prohibited by law. Taxes may apply where required by law.
2. Limitation of Liability
   IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN BESTBUY.COM TERMS AND CONDITIONS, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF THE QUALIFYING PURCHASE THAT IS THE SUBJECT OF THE DISPUTE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR TOTALSKINS GROSS NEGLIGENCE,
3. Applicable Law
   THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF MINNESOTA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES AGAINST TOTALSKIN.

Contact Us. If you have any questions about these Terms, please contact us at:
Total Med Solutions
6101 Windcom Court, Suite 300
Plano, TX 75093
United States (US)
Phone: 214-987-9200
Email: help@mytotalskin.com