Terms and Conditions

Updated 5/24/2024

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. NakedMD, Inc. 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 NakedMD, Inc. 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. NakedMD, Inc. 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, NakedMD, Inc 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 NakedMD, Inc. published on the World Wide Web may contain references or cross references to NakedMD, Inc. products, programs and services that are not announced or available in your country. Such references do not imply that NakedMD, Inc intends to announce such products, programs or services in your country. Consult your local NakedMD, Inc. business contact for information regarding the products, programs and services which may be available to you.

NakedMD, Inc makes no representations whatsoever about any other web site, which you may access through this one. When you access a non-NakedMD, Inc web site, please understand that it is independent from NakedMD, Inc., and that NakedMD, Inc. has no control over the content on that web site. In addition, a link to a non-NakedMD, Inc web site does not mean that NakedMD, Inc 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 NakedMD, Inc. 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 NakedMD, Inc. Content may not be reproduced, copied, downloaded, distributed, reused or modified without prior written permission from NakedMD, Inc. 

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 Orange County, California. 

Except where otherwise prohibited, you agree that all disputes, claims, or proceedings, directly or indirectly arising out of your use of the NakedMD, Inc 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 NakedMD, Inc. are each waiving the right to a trial by jury or to participate in a class action, and that all disputes with NakedMD, Inc 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 NakedMD, Inc 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 NakedMD, Inc 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 NakedMD, Inc in the most expedient and cost effective manner, you and NakedMD, Inc 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 NakedMD, Inc 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 NakedMD, Inc 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 NakedMD, Inc 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 NakedMD, Inc 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”). NakedMD, Inc's address for Notice is as follows: info@NakedMD.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 faith efforts 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 NakedMD, Inc may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or NakedMD, Inc 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, NakedMD, Inc 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 NakedMD, Inc 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 NakedMD, Inc 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 NakedMD, Inc 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 NakedMD, Inc makes any future change to this arbitration provision, other than a change to NakedMD, Inc’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to NakedMD, Inc’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 NakedMD, Inc. 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 NakedMD, Inc in writing of your decision by sending, within 30 days of the date you receive these terms, an electronic message to service@nakedmd.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 NakedMD, Inc 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, NakedMD, Inc. 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 NakedMD, Inc 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 NakedMD, Inc. 

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 

NakedMD, Inc 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 NakedMD, Inc. Unopened products may be exchanged for alternative products within 7 days of purchase. 

Treatment Outcomes 

NakedMD, Inc 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 

NakedMD, Inc is a non-tipping facility. The best tip we can receive is your repeat business and referrals. 

Rights Reserved 

NakedMD, Inc 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.

NakedMD’s Refer-a-Friend Program

As a Refer-a-Friend member (a “Referrer”), you are subject to NakedMD’s Terms of Use and NakedmD’s Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for NakedMD’s Refer-a-Friend program:

  • Qualified Referral. A Qualified Referral is defined as a purchase made at www.nakedmd.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
  • Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
  • Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than $200 in total value, minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees.
  • Eligibility. Eligibility is limited to individuals only. NakedMD’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in NakedMD’s sole discretion.
  • No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from NakedMD’s Refer-a-Friend program.
  • Right to Close Accounts. NakedMD reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the NakedMD’s Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
  • Value. Rewards have no cash value and are just discount codes.
  • Right to Cancel Program or Change Terms. NakedMD reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.