Terms of Service

Response times to portal messages, emails, and online inquiries are not guaranteed and may be delayed. This website and its communication tools are for routine, non-urgent matters only.

The content on this website, including text, graphics, images, and other materials, is provided for general informational and educational purposes only. It does not constitute and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or treatment option.

Never disregard professional medical advice or delay in seeking it because of something you have read on this website. Reliance on any information provided on this site is solely at your own risk. Aquarius Medical Spa expressly disclaims all liability for any adverse outcomes arising from your reliance on information obtained through this website.

Descriptions of services, treatments, supplements, and products on this site do not constitute claims of safety or efficacy for any specific condition. Some therapies offered by Aquarius Medical Spa may be investigational, experimental, or not approved by the U.S. Food and Drug Administration (FDA) for particular indications. Your provider will discuss the nature of any such therapy with you prior to treatment.

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or that you are the legal guardian of a minor patient and have authority to consent to services on their behalf. Services provided to minors require documented parental or guardian consent in accordance with applicable Arizona law.

You may not use our products or services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any applicable federal, state, or local laws or regulations.

You must not transmit any worms, viruses, or any code of a destructive nature through our systems.

A breach or violation of any of these Terms will result in immediate termination of your access to our Services and may be reported to appropriate regulatory or law enforcement authorities.

We reserve the right to refuse service to anyone for any reason at any time, subject to applicable non-discrimination laws and our obligations as a healthcare provider under federal and Arizona law.

All Protected Health Information (PHI) submitted through our website, patient portal, or intake forms is handled in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations (45 C.F.R. Parts 160 and 164). We maintain reasonable and appropriate administrative, physical, and technical safeguards to protect the security and confidentiality of your PHI during electronic transmission and storage. For details, please review our HIPAA Notice of Privacy Practices.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We make reasonable efforts to ensure that information on this site is accurate and current; however, we are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making medical, financial, or other decisions without consulting qualified professionals. Any reliance on the material on this site is at your own risk.

This site may contain historical information provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue any Service (or any part or content thereof) without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any Service, except as otherwise required by applicable law.

Certain products or services may be available exclusively through our website or patient portal. These products or services may have limited availability and are subject to return or exchange only according to our Refund Policy.

We reserve the right, but are not obligated, to limit the sale of our products or Services to any person or geographic region. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited by applicable law.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Medical outcomes cannot be guaranteed.

We reserve the right to refuse any order or service request. We may, in our sole discretion, limit or cancel quantities or appointments purchased per person or per account. In the event that we make a change to or cancel an order or appointment, we will attempt to notify you by contacting the email address and/or phone number provided at the time the request was made.

You agree to provide current, complete, and accurate information for all purchases and service requests. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed. You are responsible for the accuracy of all information you submit, including demographic and insurance information, as inaccuracies may affect your care and billing.

For details regarding refunds, please review our Refund Policy.

We may provide you with access to third-party tools and platforms (such as supplement dispensaries, scheduling systems, or payment processors) over which we do not have direct control.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any transactions made in connection with any third-party websites. Please carefully review the third party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

If, at our request or on your own initiative, you send creative ideas, suggestions, proposals, plans, feedback, or other materials (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us, provided that such use does not include your PHI or personally identifiable health information without your separate HIPAA authorization. We are under no obligation to (1) maintain any non-PHI comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other proprietary rights. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Your submission of personal information through our website, intake forms, and patient portal is governed by our HIPAA Notice of Privacy Practices and by applicable federal and Arizona privacy law.

Aquarius Medical Spa is a HIPAA-covered entity. We collect, use, and disclose Protected Health Information (PHI) only as permitted or required by the HIPAA Privacy Rule (45 C.F.R. Part 164) and our Notice of Privacy Practices. We will not sell your PHI. We maintain a Notice of Privacy Practices that describes your rights with respect to your PHI, including your right to access, amend, and request restrictions on the use and disclosure of your information.

Non-PHI personal information (such as contact and billing data) submitted through our website is handled in accordance with our Privacy Policy and applicable consumer protection laws. By using this website, you consent to the collection and use of your non-PHI information as described therein.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product or service descriptions, pricing, promotions, offers, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website except as required by law. No specified update or refresh date should be taken to indicate that all information on this site has been modified or updated.

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, state, or local regulations, rules, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information, including false patient information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information or PHI of others without authorization; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) to impersonate a healthcare provider, staff member, or another patient; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service for violating any of the prohibited uses and to report such violations to appropriate regulatory or law enforcement authorities.

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from use of the Service will be accurate or reliable.

You agree that from time to time we may remove or suspend the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Nothing in this Section limits any liability that cannot be excluded or limited under applicable law, including liability for personal injury caused by our negligence, gross negligence, or willful misconduct, or for any fraudulent misrepresentation.

To the maximum extent permitted by applicable law, in no event shall Aquarius Medical Spa, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product.

You agree to indemnify, defend, and hold harmless Aquarius Medical Spa, LLC, and our parent entities, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim, demand, loss, liability, or expense, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your breach of these Terms of Service or the documents they incorporate by reference; (b) your violation of any law or the rights of a third party; (c) your submission of false, inaccurate, or misleading information; or (d) your use of the Service in any manner not expressly authorized by these Terms.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.

Any dispute, claim, or controversy arising out of or relating to these Terms of Service, the breach thereof, or your use of the Service that cannot be resolved informally through good-faith negotiation shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer or Healthcare Due Process Protocol then in effect, as applicable. The arbitration shall be conducted in Maricopa County, Arizona, unless the parties agree otherwise. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You and Aquarius Medical Spa each retain the right to seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the conclusion of arbitration. Nothing in this Section prevents you from filing a complaint with a state or federal regulatory agency, including the Arizona Medical Board or the U.S. Department of Health and Human Services Office for Civil Rights.

This arbitration agreement is entered into voluntarily and is independent of your consent to receive medical care or services from Aquarius Medical Spa.

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us in writing that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof). Termination of these Terms does not affect any rights or obligations that have accrued prior to termination, including any obligations to pay for services already rendered.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with our HIPAA Notice of Privacy Practices, Refund Policy, and any other policies or operating rules posted by us on this site, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. To the extent any matter is not subject to arbitration under Section 17, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona for the resolution of any such dispute.

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Material changes will be indicated by an updated "Last Revised" date at the top of this page. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Questions about these Terms of Service should be sent to us at [email protected]. For HIPAA-related inquiries or to exercise your patient rights, please contact our Privacy Officer at the same address or by calling our office directly.

Aquarius Medical Spa, LLC
Phone: (480) 602-7772
Email: [email protected]