Terms of Service

Last updated: October 1, 2020

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://askamelia.com website (the "Service") operated by Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh) ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to 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 do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or  Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh) cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting  Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh) customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide  Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh) with accurate and complete billing information including full name, address, state, zip code, telephone number,

and a valid payment method information. By submitting such payment information, you automatically authorize  Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh) to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason,  Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh) will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh), in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh) will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of  Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh) and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of  Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh).

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by  Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh) and  Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh) has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that  Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh) 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

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.

Indemnification

You agree to defend, indemnify and hold harmless  Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh) and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall  Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh), nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh) its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Exclusions

As a member of our service, you agree to allow us to make a donation in your name to Help One Now.

Governing Law

These Terms shall be governed and construed in accordance with the laws of North Carolina, United States, 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 had 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 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 any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Returns and Refunds Policy

If you are not entirely satisfied with your purchase, we're here to help. Our products can be returned within 15 days of the original purchase of the product.

To be eligible for a return, please make sure that:

- The product was purchased in the last 15 days

- The product is in its original packaging

- The product isn't used or damaged

Products that do not meet these criteria will not be considered for return.

Please contact us before you send the product:

- By phone number: (919) 871-3292

- By email: info@askamelia.com

Send the product with its original packing to:

2304 Wesvill Court #360 Raleigh, NC 27607

Shipping charges

Shipping charges incurred in connection with the return of a product are non-refundable.

You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping, both to and from Amelia Aesthetics (formerly Davis and Pyle Plastic Surgery and Skin Raleigh).

Damaged items

If you received a damaged product, please notify us immediately for assistance.

Sale items

Sale items can be refunded.

Yearly Membership Cancellation

You may cancel your yearly membership and receive a refund of $100 per every month remaining on your subscription.

Monthly Membership Cancellation

All monthly memberships are 12-month agreements, which you may cancel at anytime for a cost of $125 per every month remaining in your agreement.

Messaging Terms and Conditions

This SMS message program is a service of Amelia Aesthetics. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Amelia Aesthetics. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Amelia Aesthetics permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.

Message frequency may vary. Amelia Aesthetics reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Amelia Aesthetics also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Amelia Aesthetics, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By enrolling in the Amelia Aesthetics messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our Amelia Aesthetics Terms of Use and Amelia Aesthetics Privacy Policy.

CANCELLATION

Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Amelia Aesthetics and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Amelia Aesthetics through any other programs you have joined until you separately unsubscribe from those programs.

HELP OR SUPPORT

Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.

NO WARRANTY

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Amelia Aesthetics OR ANY PARTY ACTING ON BEHALF OF Amelia Aesthetics BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Amelia Aesthetics HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Amelia Aesthetics HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Amelia Aesthetics MESSAGING PROGRAM. Amelia Aesthetics AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

INDEMNITY

To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Amelia Aesthetics, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Amelia Aesthetics or its service providers.

DISPUTE RESOLUTION

1. General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Amelia Aesthetics or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Amelia Aesthetics ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Amelia Aesthetics to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
3. Arbitrator. Any arbitration between you and Amelia Aesthetics will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
4. No Class Actions. YOU AND Amelia Aesthetics AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Amelia Aesthetics agree otherwise in a signed writing, 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. You agree that, by agreeing to these Messaging Terms, you and Amelia Aesthetics are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
5. No Class Actions. YOU AND Amelia Aesthetics AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Amelia Aesthetics agree otherwise in a signed writing, 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.
6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Amelia Aesthetics makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Amelia Aesthetics’s contact information provided in the “Contact Us” section below, 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 Amelia Aesthetics.
7. Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

CHANGES TO THE MESSAGING TERMS

We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Amelia Aesthetics after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.

ENTIRE AGREEMENT/SEVERABILITY

These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Amelia Aesthetics concerning the Messaging Program.

Contact us

If you have any questions about our Returns and Refunds Policy, please contact us:

- By phone number: (919) 871-3292

- By email: info@askamelia.com