Club Membership

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY

Quarterly Subscription:  By purchasing a Quarterly Subscription, you agree to an initial and recurring Quarterly Subscription fee at the then-current subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your quarterly subscription at any time, subject to the terms of our cancellation policy, which include: notification in writing to aesthetic provider/staff member of SYMMETRY® at symmetryaesthetic@gmail.com of cancellation at least 5 business days prior to quarterly billing dates (January 1, April 1, July 1, October 1) of respective year. Any notification of termination after this time will not be processed until the next billing cycle. At termination of Club Membership, client benefits will still be effective through end of current paid quarterly cycle. No Returns or substitutions. Prices are in United States (“U.S.”) currency. You agree to comply with all applicable laws, rules and regulations in connection with SYMMETRY®.

Eligibility and Compliance: To participate in Club Membership, you must be a legal resident of the U.S., provide a valid U.S. mailing address, and maintain your paid Club Membership continuously from the time you sign this document until written termination. The Club Membership is limited to legal residents of the United States receiving services in the state of Minnesota or Wisconsin, under Minnesota and Wisconsin State Board of Medical Licensing Practice Statutes. Authorized Club Memberships will be granted to individuals over the age of 18 with exceptions. To be eligible to use SYMMETRY® Club Membership services, you must comply with all local laws regarding acceptable conduct and agree to pay all applicable taxes. You must also comply with Terms of Use, operating rules, policies, and procedures that SYMMETRY® may publish from time to time on www.symmetryaesthetic.com, each of which is incorporated herein by reference and each of which SYMMETRY® may update from time to time without notice to you.

SYMMETRY® Right to Revoke, Suspend, or Restrict Eligibility: SYMMETRY® reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. SYMMETRY® may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to any service. If SYMMETRY® bans you from any service, you may not return or use SYMMETRY® services for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, you will be deemed to have breached this agreement, and SYMMETRY® reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.

Account Information: In the course of your use of SYMMETRY® Club Membership services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, “Account Information”). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your account information. SYMMETRY®, which is incorporated by Connelly Physicians Ltd, herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it. SYMMETRY® will not sell or distribute Club Member contact and/or information. You may not transfer or sell your Club Membership account or username to any other party.

Warranty Disclaimer: SYMMETRY®, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE SYMMETRY® SERVICES “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SYMMETRY® OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM SYMMETRY® TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. YOU AGREE THAT YOUR USE OF THE CLUB MEMBERSHIP AND THE SYMMETRY® SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT SYMMETRY® HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.

Liability Limit: IN NO EVENT SHALL SYMMETRY®, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF SYMMETRY® SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE LIABILITY OF SYMMETRY® OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO SYMMETRY® IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity: YOU AGREE TO INDEMNIFY AND HOLD SYMMETRY® AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. SYMMETRY® RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH SYMMETRY® DEFENSE OF SUCH CLAIM.

Legal Disputes: IF A DISPUTE ARISES BETWEEN USER AND SYMMETRY®, WE ARE LIKELY TO BE ABLE TO RESOLVE YOUR MATTER QUICKLY AND TO YOUR SATISFACTION. PLEASE CONTACT YOUR PROVIDER AND SYMMETRY® BY SENDING AN EMAIL TO SYMMETRYAESTHETIC@GMAIL.COM . PLEASE INDICATE THE NATURE OF YOUR COMPLAINT AND CONTACT INFORMATION AND WE WILL GET BACK TO YOU IN A REASONABLE TIMEFRAME WITH A REASONABLE SOLUTION. WE MAY ASK YOU TO PROVIDE MORE INFORMATION. WE TRUST WE WILL ADDRESS YOUR CONCERN OR COMPLAINT WITHOUT DELAY AND TO YOUR SATISFACTION.

Modifications to Terms of Use: SYMMETRY® MAY CHANGE THE AGREEMENT OR THESE TERMS OF USE AT ANY TIME FOR ANY REASON BY UPDATING THIS POSTING. CHANGES IN THE TERMS OF USE WILL BE EFFECTIVE WHEN POSTED. IF SYMMETRY® MAKES A MATERIAL CHANGE, SYMMETRY® WILL NOTIFY YOU HERE IN THIS TERMS OF USE AGREEMENT OR BY ANY OTHER MEANS WE DEEM APPROPRIATE. SYMMETRY® MAY DETERMINE, IN ITS SOLE DISCRETION, IN GOOD FAITH, WHAT CONSTITITUES A “MATERIAL CHANGE” BY USING COMMON SENSE AND REASONABLE JUDGEMENT. YOUR USE OF THE CLUB MEMBERSHIP SERVICES AFTER WE HAVE MODIFIED THIS POSTING WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES.