PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY By downloading, installing, accessing, registering for, or using the New Look Skin Center mobile application (the “App”), or by selecting a button indicating acceptance, you agree to be bound by these Mobile Application Terms & Conditions and End User License Agreement (the “Terms”). If you do not agree, do not download, install, access, or use the App.

IMPORTANT MEDICAL NOTICE. The App is not intended for emergencies and is not a substitute for professional medical advice, diagnosis, treatment, or an in-person evaluation. Call 911 or seek immediate medical attention if you believe you are experiencing a medical emergency.

1. Parties and Scope

These Terms are an agreement between you and New Look Skin Center, Inc., doing business as New Look Skin Center (“NLSC,” “we,” “us,” or “our”). These Terms govern your access to and use of the App and App-related features, content, purchases, communications, and services.

The App may allow users to request or manage appointments, access educational content, view account information, make payments, purchase gift cards or prepaid services, participate in rewards or promotions, and receive communications. Features may vary by location, device, operating system, and account status.

These Terms govern the App. Separate notices, consents, financial policies, membership terms, treatment agreements, privacy notices, and clinical documents may apply to services received from NLSC. Section 36 explains how treatment-related and medical claims are handled.

2. Acceptance and Electronic Agreement

You accept these Terms by downloading, installing, accessing, registering for, or using the App, or by electronically indicating acceptance. Your electronic acceptance has the same force and effect as a handwritten signature to the fullest extent permitted by law.

You consent to receive these Terms and related records electronically. You may retain a copy by saving or printing them. If required by applicable law, you may withdraw consent to electronic records by contacting us, but withdrawal may affect your ability to use certain App features.

3. Eligibility

The App is intended for individuals who are at least eighteen (18) years old or the age of legal majority in their jurisdiction. By using the App, you represent that you have legal capacity to enter into these Terms.

The App is not directed to children. A parent or legal guardian arranging services for a minor must use procedures authorized by NLSC and may be required to complete additional consent documentation.

4. Changes to These Terms

We may revise these Terms from time to time. The updated version will identify a new “Last Updated” date and may be presented within the App or through another reasonable notice. Material changes will apply prospectively unless applicable law permits otherwise.

Your continued use of the App after revised Terms become effective constitutes acceptance of the revised Terms. When required, we may request renewed affirmative acceptance. Changes to the arbitration provisions will not apply retroactively to a dispute of which we had actual notice before the change became effective, unless both parties agree otherwise.

5. Privacy and Health Information

Your use of the App is also governed by the NLSC Privacy Policy and, where applicable, the NLSC Notice of Privacy Practices. Those notices describe how personal information and health information may be collected, used, disclosed, retained, and protected.

The App may process information such as identifiers, contact information, appointment information, purchase history, communications, device information, photographs, treatment interests, or health-related information, depending on the features you use. Do not submit information through the App unless requested or permitted.

The App Privacy Policy should be reviewed together with the App’s actual data flows, software development kits, analytics tools, payment processors, scheduling providers, messaging vendors, and account-deletion functionality.

If there is a conflict between these Terms and a legally required privacy notice concerning the handling of protected health information, the legally required privacy notice controls as to that information.

6. Medical and Treatment Disclaimer

App content is provided for general educational and informational purposes only. It is not medical advice and is not intended to diagnose, treat, cure, or prevent any disease, injury, or condition.

Use of the App, submission of information, purchase of a service, or request for an appointment does not by itself create a provider-patient relationship. A provider-patient relationship is established only through appropriate clinical evaluation and acceptance by a qualified provider.

Treatment eligibility, contraindications, treatment plans, dosing, device settings, and clinical recommendations are determined by appropriately licensed professionals based on individual circumstances. NLSC and its providers may decline, postpone, modify, or discontinue a requested treatment when clinically appropriate.

Before-and-after photographs, testimonials, educational descriptions, estimated recovery periods, and other App content are illustrative only. Individual results vary, and no specific result is promised or guaranteed.

7. Emergencies

The App is not monitored as an emergency service and should not be used for urgent medical communications. If you believe you are experiencing a medical emergency, call 911 or go to the nearest emergency department. For urgent treatment-related concerns, contact the treating location using the instructions provided to you.

8. Account Registration and Security

You agree to provide accurate, current, and complete information and to update it as necessary. You may not create an account using false information, impersonate another person, or access another person’s account without authorization.

You are responsible for maintaining the confidentiality of your login credentials and for activity occurring through your account, except to the extent applicable law provides otherwise. Notify NLSC promptly if you suspect unauthorized access, loss of credentials, or other security concerns.

You may request account deletion through the method provided in the App or by contacting us. Certain information may be retained when reasonably necessary for medical, legal, regulatory, fraud-prevention, accounting, or recordkeeping obligations.

9. License Grant

Subject to your compliance with these Terms, NLSC grants you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, install, and use the App for your own lawful, non-commercial purposes on a device you own or control, subject to applicable app-store usage rules.

The App is licensed, not sold. NLSC and its licensors reserve all rights not expressly granted.

10. App Availability, Updates, and Compatibility

We may add, remove, suspend, or modify App features at any time. The App may occasionally be unavailable because of maintenance, outages, security events, third-party failures, or circumstances beyond our control.

You are responsible for obtaining a compatible device, operating system, internet connection, and any carrier services. Updates may be required to continue using the App. We do not guarantee that the App will function with every device or operating-system version.

11. Prohibited Conduct

You may not, and may not assist another person to:

• copy, reproduce, modify, translate, adapt, distribute, sell, lease, sublicense, or create derivative works from the App except as expressly permitted by law;
• reverse engineer, decompile, disassemble, or attempt to discover source code, except where a restriction is prohibited by applicable law;
• circumvent security, access controls, rate limits, or authentication measures;
• introduce malware, harmful code, excessive traffic, scraping tools, bots, or automated queries;
• interfere with the App, servers, networks, other users, or business operations;
• use the App to violate law, infringe rights, commit fraud, harass others, or submit unlawful or misleading content;
• collect information about other users without authorization; or
• use the App or its content for competitive analysis or commercial exploitation without written permission.

12. Intellectual Property

The App and its software, design, interfaces, text, photographs, videos, graphics, trademarks, logos, service marks, trade dress, databases, and other content are owned by or licensed to NLSC and are protected by intellectual-property and other laws.

“New Look Skin Center” and associated names, logos, and marks may not be used without prior written permission. No rights are granted by implication, estoppel, or otherwise.

13. User Submissions and Patient Photographs

If the App allows you to upload photographs, messages, reviews, documents, or other material (“User Content”), you represent that you have the right to submit it and that doing so does not violate another person’s privacy, confidentiality, intellectual-property, or other rights.

You grant NLSC and its service providers a limited license to host, reproduce, transmit, and process User Content only as reasonably necessary to operate the App, provide requested services, maintain records, comply with law, and protect users and NLSC.

Do not upload another person’s photograph, medical information, or personal information without lawful authorization. Submission of photographs through the App does not authorize NLSC to use them publicly for advertising, social media, or promotional purposes. Any such use requires a separate authorization where required by law.

We may remove or restrict User Content that violates these Terms or applicable law.

14. Appointment Requests and Scheduling

An appointment submitted through the App is a request only and is not confirmed until NLSC provides confirmation. Appointment availability, location, provider, duration, and pricing may change.

You are responsible for reviewing confirmation details and arriving on time. Scheduling through the App does not guarantee a particular provider, device, product, service, or treatment outcome.

NLSC may cancel, reschedule, or modify appointments for staffing, equipment, safety, weather, operational, or clinical reasons. When practicable, reasonable notice will be provided.

15. Clinical Eligibility and Treatment Decisions

Purchasing, reserving, or requesting a treatment does not establish clinical eligibility. You must provide complete and accurate health, medication, pregnancy, allergy, prior-treatment, and other information requested by the treating provider.

A licensed provider may determine that a treatment is inappropriate, should be delayed, requires medical clearance, or should be replaced with another option. A purchase does not require a provider to perform a treatment contrary to professional judgment, law, standards of care, manufacturer instructions, or safety requirements.

16. Payments and Third-Party Processors

The App may allow you to make payments, purchase products, gift cards, packages, memberships, or services, or pay deposits and balances. You authorize NLSC and its payment processors to charge the payment method you select for authorized transactions, applicable taxes, and disclosed fees.

Payment information may be collected and processed by third-party payment providers under their own terms and privacy policies. NLSC may not receive or store complete payment-card details.

Prices and availability are subject to change before purchase. We may correct typographical, pricing, inventory, or description errors and may cancel an affected transaction, subject to applicable law.

17. Deposits, Cancellations, and No-Shows

Appointments may be subject to deposits, cancellation windows, rescheduling rules, late-arrival rules, and no-show charges disclosed at booking or in an applicable NLSC policy. By completing a booking, you agree to the policy presented for that transaction.

Deposits may be applied, retained, forfeited, or refunded as disclosed and as permitted by law. Location-specific or service-specific policies may apply.

18. Refunds

Except where required by law, purchases identified as final or non-refundable are not refundable. Eligibility for a refund, credit, exchange, transfer, or rescheduling is governed by the policy disclosed at purchase and any applicable treatment, package, membership, gift-card, or promotion terms.

No provision of these Terms limits a right or remedy that cannot lawfully be waived.

19. Gift Cards

Purchased gift cards are governed by applicable law and the terms presented at purchase. Purchased gift cards will not expire or incur service fees where prohibited by law.

Promotional, complimentary, loyalty, or bonus certificates that are not purchased gift cards may have restrictions or expiration dates where permitted by law. Gift cards are not redeemable for cash except as required by law and may be subject to replacement and fraud-prevention procedures.

20. Prepaid Treatments, Packages, and Memberships

Prepaid treatments, packages, and memberships are subject to the specific terms disclosed at purchase, including included services, eligibility, payment schedule, renewal, cancellation, transferability, redemption period, promotional restrictions, and location limitations.

Unused value, refunds, and expiration are governed by the applicable agreement and law. Clinical ineligibility for one service does not necessarily create a right to cash reimbursement if the governing agreement lawfully provides another remedy, such as credit or substitution.

21. Rewards, Promotions, and Promotional Credits

Rewards points, promotional credits, coupons, referral benefits, discounts, and special offers may be subject to separate eligibility, redemption, combination, transfer, and expiration rules. Unless required by law, they have no cash value and are not property.

We may modify or discontinue a rewards or promotion program prospectively, subject to applicable law and any specific terms. Fraud, abuse, duplicate accounts, chargebacks, or policy violations may result in cancellation of benefits.

22. Push Notifications

If you enable push notifications, the App may send appointment reminders, account notices, receipts, service updates, and, where permitted, promotional messages. You can manage push-notification permissions through your device settings. Disabling notifications may cause you to miss reminders or other information, but does not relieve you of appointment or payment obligations.

23. SMS and Marketing Communications

By providing a mobile number and requesting or consenting to text messages, you may receive transactional messages such as appointment confirmations, reminders, account notices, customer-service messages, and receipts.

Marketing text messages will be sent only with the consent required by applicable law. Consent to marketing messages is not a condition of purchasing goods or services. Message frequency may vary. Message and data rates may apply. Reply STOP to opt out and HELP for assistance, or follow other instructions provided in the message.

Opting out of marketing messages does not necessarily opt you out of non-marketing communications that are necessary to complete a requested transaction, provide a service, or protect your account, where permitted by law. You are responsible for notifying us if your mobile number changes or is reassigned.

24. Third-Party Services and Links

The App may integrate with or link to third-party scheduling, payment, mapping, analytics, messaging, authentication, social-media, or other services. Third parties are responsible for their own services, content, security, availability, terms, and privacy practices.

NLSC does not endorse and is not responsible for third-party products or services merely because they are accessible through the App.

25. Location Services and Device Permissions

Certain features may request access to device permissions such as notifications, camera, photographs, calendar, or location. The App should request only permissions reasonably necessary for enabled features. You can manage permissions through your device settings, although disabling a permission may prevent a feature from functioning.

Your use of device permissions and any related information is also subject to the Privacy Policy and in-App disclosures.

26. App Store Terms

If you downloaded the App from Apple’s App Store, the following additional terms apply:

• These Terms are between you and NLSC, not Apple. NLSC, not Apple, is solely responsible for the App and its content.
• The license is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by applicable Apple usage rules, including permitted Family Sharing or similar features.
• Apple has no obligation to provide maintenance or support services for the App.
• To the extent any warranty exists and the App fails to conform to it, you may notify Apple, and Apple may refund the purchase price paid for the App, if any. To the maximum extent permitted by law, Apple has no other warranty obligation.
• NLSC, not Apple, is responsible for addressing claims relating to the App, including product-liability, regulatory, consumer-protection, and intellectual-property claims.
• You represent that you are not located in a country subject to a U.S. government embargo and are not listed on a U.S. government prohibited or restricted-party list.
• You must comply with applicable third-party terms when using the App.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the App Store provisions against you.

If you downloaded the App from Google Play or another marketplace, your use is also subject to that marketplace’s applicable terms. Nothing in these Terms is intended to conflict with mandatory marketplace rules.

27. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND ALL APP-RELATED CONTENT AND FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. NLSC AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AVAILABILITY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPATIBLE WITH EVERY DEVICE, OR FREE OF HARMFUL COMPONENTS, OR THAT INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME DISCLAIMERS MAY NOT APPLY TO YOU.

28. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NLSC AND ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OR GOODWILL; OR DAMAGES ARISING FROM UNAUTHORIZED ACCESS, DEVICE FAILURE, THIRD-PARTY SERVICES, OR INABILITY TO USE THE APP.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY FOR APP-RELATED CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID THROUGH THE APP DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED, INCLUDING AS APPLICABLE LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR PERSONAL INJURY CAUSED BY NEGLIGENCE. SECTION 36 separately addresses treatment-related and medical claims.

29. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless NLSC and its affiliates, owners, directors, officers, employees, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, judgments, and reasonable costs arising from your unlawful use of the App, your material violation of these Terms, or User Content that you submit in violation of another person’s rights.

This section does not require you to indemnify a party for that party’s own negligence, willful misconduct, or violation of law where such indemnification is prohibited.

30. Suspension and Termination

We may suspend, restrict, or terminate access to the App when reasonably necessary to address security risks, fraud, misuse, legal or regulatory requirements, nonpayment, threats, harassment, technical issues, or violation of these Terms.

You may stop using the App at any time. Provisions that by their nature should survive termination will survive, including provisions concerning ownership, disclaimers, limitations of liability, dispute resolution, and accrued payment obligations.

31. Informal Dispute Resolution

Before filing arbitration or a court action concerning an App-related dispute, the claimant must send an individualized written Notice of Dispute. The notice must include the claimant’s name and contact information, account email or telephone number, a description of the facts and legal basis of the claim, the specific relief requested, and the claimant’s personal signature.

Notices to NLSC must be sent to the mailing and email addresses in Section 41 with the subject line “Notice of Dispute.” NLSC may send a notice to the contact information associated with your account.

The parties will attempt in good faith to resolve the dispute for sixty (60) days after receipt. Any applicable limitations period will be tolled during that sixty-day period. This section is a condition precedent to arbitration or litigation, except when immediate temporary relief is necessary to prevent imminent harm.

32. Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR THE EXCEPTIONS BELOW AND CLAIMS YOU TIMELY OPT OUT OF UNDER SECTION 35, YOU AND NLSC AGREE THAT APP-RELATED DISPUTES WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.

This arbitration agreement applies to any dispute, claim, or controversy arising out of or relating to the App, these Terms, App communications, App purchases, or the relationship created by the App, whether based in contract, tort, statute, fraud, misrepresentation, consumer protection, or another legal theory, and whether arising before or after acceptance of these Terms.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Except for issues that applicable law requires a court to decide, the arbitrator will decide disputes concerning the formation, scope, interpretation, or enforceability of this arbitration agreement.

Either party may bring an individual action in small claims court if the claim qualifies and remains individual. Either party may seek temporary or preliminary injunctive relief in court to preserve the status quo or prevent imminent harm while arbitration is pending. Claims for public injunctive relief that applicable law requires to be decided by a court are excluded from arbitration to that extent and may be stayed pending arbitration of arbitrable issues.

This App arbitration agreement does not apply to claims expressly excluded under Section 36 or claims that applicable law prohibits from mandatory arbitration.

33. Arbitration Procedures and Fees

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect when the demand is filed, as modified by these Terms. If AAA is unavailable or unwilling to administer the matter consistent with these Terms and applicable law, the parties will agree on another administrator or a court will appoint one.

The arbitration will be conducted by one neutral arbitrator. The hearing may occur by telephone, video conference, document submission, or in person, as permitted by the rules and determined by the arbitrator. An in-person hearing will take place at a reasonably convenient location for the consumer unless the parties agree otherwise.

The arbitrator may award the same individual remedies available in court, including damages, statutory relief, and attorneys’ fees where authorized, but may award relief only to the individual claimant and only to the extent necessary to resolve that claimant’s individual claim.

Filing, administration, and arbitrator fees will be allocated under the AAA Consumer Arbitration Rules and applicable law. NLSC will pay fees it is required to pay for the arbitration agreement to be enforceable. Each party is responsible for its own attorneys’ fees unless a statute, rule, or award provides otherwise.

The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions. Judgment on the award may be entered in a court of competent jurisdiction.

34. Class Action and Representative Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND NLSC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate the claims of more than one person or preside over any class, collective, consolidated, or representative proceeding, except where applicable law requires otherwise.

A court, not the arbitrator, will decide any dispute concerning the validity or enforceability of this class and representative action waiver. If a final decision holds that a particular claim or request for relief cannot lawfully be waived or arbitrated on an individual basis, that claim or request will proceed in court after the arbitrable claims are resolved, unless applicable law requires another sequence.

If the class-action waiver is finally determined to be unenforceable as to a claim that cannot be severed, then the agreement to arbitrate will not apply to that claim.

35. Arbitration Opt-Out and Jury Trial Waiver

You may opt out of Sections 32-34 by sending an individual written opt-out notice within thirty (30) days after you first accept these Terms. The notice must include your full name, mailing address, account email or mobile number, a clear statement that you are opting out of the arbitration agreement, and your signature.

Send the notice by email and/or mail to the addresses in Section 41 with the subject line “Arbitration Opt-Out.” An opt-out applies only to the individual who submits it and does not affect the remaining Terms. Opting out will not affect your ability to use the App.

FOR DISPUTES SUBJECT TO ARBITRATION, YOU AND NLSC KNOWINGLY WAIVE THE RIGHT TO A TRIAL BY JURY. FOR APP-RELATED DISPUTES THAT PROCEED IN COURT, EACH PARTY WAIVES A JURY TRIAL TO THE EXTENT PERMITTED BY LAW.

36. Treatment-Related and Medical Claims

The arbitration agreement in these App Terms is intended to govern App-related disputes. It does not, by itself, require arbitration of a claim alleging professional medical negligence, lack of informed consent, bodily injury caused by treatment, or another claim arising primarily from the provision or omission of professional healthcare services.

A separate patient arbitration agreement, treatment consent, or other agreement may apply to treatment-related disputes if separately presented and accepted in compliance with applicable law. Nothing in these App Terms replaces any special notice, formatting, signature, or other requirement applicable to arbitration of professional negligence or healthcare claims.

To the extent a dispute includes both App-related claims and excluded treatment-related claims, the parties and the deciding tribunal will apply the governing agreements and applicable law to determine the appropriate forum and sequence.

37. Governing Law and Court Venue

California law governs these Terms, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs the arbitration provisions.

Subject to Sections 31-36, any App-related dispute permitted to proceed in court must be brought in a state or federal court located in Los Angeles County, California, unless applicable consumer law requires another venue. Each party consents to personal jurisdiction in those courts.

38. Severability

Except as specifically provided in Section 34, if any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

39. Assignment, Waiver, and Force Majeure

You may not assign or transfer these Terms without NLSC’s prior written consent. NLSC may assign these Terms in connection with a merger, reorganization, sale of assets, change of control, or transfer of the App or related business, subject to applicable law.

Failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.

NLSC is not liable for delay or failure caused by circumstances beyond reasonable control, including natural disasters, public-health events, utility or internet outages, labor disputes, governmental actions, cyberattacks, vendor failures, or equipment interruptions, except where liability cannot be excluded.

40. Entire Agreement and Order of Precedence

These Terms, together with the App Privacy Policy and any terms expressly presented for a particular App feature or transaction, constitute the entire agreement concerning use of the App and supersede prior App-related understandings.

Separate treatment consents, financial policies, membership agreements, package terms, gift-card terms, and the Notice of Privacy Practices remain independently applicable. If documents conflict, the more specific document controls for its subject matter; a legally required notice controls to the extent required by law; and a treatment consent controls regarding the clinical treatment described in that consent.

Section headings are for convenience only and do not limit interpretation. “Including” means “including without limitation.”

41. Contact Information

New Look Skin Center, Inc.
1219 W. Glenoaks Blvd.
Glendale, CA 91201
Phone: (818) 662-5005
Email: [email protected]
Website: https://www.newlookskincenter.com

Notices of Dispute and Arbitration Opt-Out notices should use the applicable subject line stated in Sections 31 and 35. Please retain confirmation of delivery.