THE THINGS WE DO, PC
TERMS OF USE
Effective Date: August 28, 2020
Last Updated: July 16, 2026
IMPORTANT NOTICE
These Terms of Use contain a binding arbitration agreement and class action waiver that affects your legal
rights. Please read these Terms carefully before using this Website or our Services.
ACCEPTANCE OF THESE TERMS
Welcome to The Things We Do.
These Terms of Use (“Terms”) govern your access to and use of the website located at www.thethingswedo.co,
including all affiliated webpages, online booking platforms, patient portals, digital communications, content,
products, services, and features made available through the Website (collectively, the “Website”).
These Terms constitute a legally binding agreement between you and The Things We Do, PC (“TWD,” “we”,
“our”, or “us”), the California professional medical corporation that owns or operates this Website. By
accessing or using the Website, you represent that you have read, understood, and agree to be bound by these
Terms, our Privacy Policy, our SMS Terms and Conditions (if applicable), and any additional terms incorporated
by reference.
These Terms apply to all access to and use of the Website, including, without limitation, when you browse the
Website, purchase products, request information, submit an appointment request, enroll in email or SMS
marketing communications, communicate with TWD electronically, participate in promotions, create an account,
access a patient portal, or otherwise interact with TWD through the Website or any related online services. If
you do not agree to these Terms, you must immediately discontinue all access to and use of the Website.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective
immediately when we post them. Your continued use of the Website following the posting of revised Terms of
Use means that you accept and agree to the changes. You are expected to check this page from time so you are
aware of any changes, as they are binding on you.
ELIGIBILITY
You may access and use this Website only if you are at least eighteen (18) years of age, possess the legal
capacity to enter into a binding contract, reside in a jurisdiction where use of the Website is lawful, and agree to
comply with these Terms and all applicable federal, state, and local laws and regulations. If you access or use
the Website on behalf of another individual, business, or other legal entity, you represent and warrant that you
have the legal authority to bind that person or entity to these Terms, in which case the terms "you" and "your"
shall refer to both you and such individual or entity. TWD reserves the right, in its sole discretion and to the
fullest extent permitted by applicable law, to refuse service, deny or cancel appointment requests, suspend or
terminate access to the Website or any user account, or otherwise restrict access to the Website at any time.
Nothing in these Terms obligates TWD to establish, continue, or maintain a physician-patient relationship,
provide any medical treatment or services, or accept any individual as a patient.
The Website is controlled and operated by TWD from the United States and is intended for use by individuals
located within the United States. TWD makes no representation or warranty that the Website, its Content,
Products, or Services are appropriate, available, or lawful for use in any jurisdiction outside the United States.
Access to the Website from locations outside the United States is undertaken solely at your own initiative and
risk, and you are solely responsible for compliance with all applicable local laws, regulations, and legal
requirements. TWD reserves the right to limit or deny access to the Website, Content, Products, or Services to
any person, geographic region, or jurisdiction at any time and in its sole discretion. Medical services described
on the Website are offered only where TWD and its licensed healthcare professionals are authorized to practice
under applicable law, and nothing on the Website constitutes an offer or solicitation to provide medical services
in any jurisdiction where such services would be unlawful. Without limiting the foregoing, TWD does not
represent that any treatment, product, promotion, pricing, or service described on the Website is available in
every state or jurisdiction, and availability may vary based on provider licensure, applicable law, and operational
considerations.
PERMITTED WEBSITE USE AND PROHIBITED CONDUCT
TWD grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website
solely for lawful personal, informational, and consumer purposes consistent with these Terms.
You agree that you will not:
violate any applicable federal, state, or local law;
interfere with the operation or security of the Website;
attempt to gain unauthorized access to any systems, accounts, or networks;
introduce viruses, malware, ransomware, bots, or other malicious code;
scrape, harvest, mine, copy, index, or otherwise collect Website content through automated means without
TWD's prior written consent;
impersonate another person or misrepresent your identity;
submit false, misleading, fraudulent, or inaccurate information;
use the Website to harass, threaten, abuse, or defame others;
interfere with another user's use of the Website;
upload or transmit unlawful, obscene, defamatory, infringing, or offensive material;
reverse engineer or attempt to derive source code from any software used by the Website;
circumvent Website security measures;
use the Website for commercial resale or competitive purposes without written authorization; or
engage in any conduct that could damage TWD’s reputation, systems, intellectual property, or business
operations.
TWD reserves the right to suspend or terminate access to the Website for any violation of these Terms or for
conduct that TWD reasonably believes may harm its patients, employees, providers, systems, or business.
User Accounts
Certain Website features may require creation of an account or use of a patient portal provided through TWD or
its third-party vendors. You are responsible for:
maintaining the confidentiality of your login credentials;
restricting access to your devices;
promptly notifying TWD of any unauthorized access or suspected security breach; and
ensuring all account information remains accurate and current.
You are responsible for all activities occurring under your account unless prohibited by applicable law.
PRIVACY POLICY, SMS TERMS, AND NOTICE OF PRIVACY PRACTICES
Your use of the Website is also governed by TWD’s:
Privacy Policy;
SMS Terms and Conditions (if you enroll in text messaging);
Notice of Privacy Practices (where Protected Health Information is involved); and
any additional policies specifically referenced on the Website.
These documents are incorporated into these Terms by reference and collectively govern your interactions with
TWD.
If Protected Health Information (“PHI”) is created or maintained in connection with medical services, TWD will
handle such information in accordance with applicable federal and California healthcare privacy laws, including
HIPAA and the California Confidentiality of Medical Information Act (“CMIA”), where applicable. Nothing in
these Terms supersedes your rights under applicable healthcare privacy laws. In the event of a conflict between
these Terms and TWD’s Notice of Privacy Practices regarding the use or disclosure of PHI, the Notice of Privacy
Practices shall control with respect to PHI.
DEFINITIONS
For purposes of these Terms:
“Company,” “TWD”, “we”, “our”, and “us” refer to The Things We Do, PC, together with its authorized
affiliates, employees, providers, contractors, agents, and representatives, as applicable.
“Website” means www.thethingswedo.co, all associated webpages, online stores, patient portals, appointment
scheduling platforms, mobile-optimized pages, applications, digital communications, and related online
services owned or operated by TWD.
“Services” means all medical, aesthetic, cosmetic, wellness, skincare, educational, retail, and related services
offered by TWD, whether provided online or in person.
“Products” means skincare products, medical-grade skincare, cosmetic products, gift cards, memberships,
merchandise, and any other retail goods offered through the Website.
“Content” means all text, graphics, photographs, videos, logos, trademarks, software, source code, treatment
descriptions, educational materials, downloadable resources, blog posts, graphics, audio, user interfaces, and
other materials available through the Website.
“User,” “you,” or “your” means any individual or entity accessing or using the Website.
“Protected Health Information” or “PHI” has the meaning assigned under the Health Insurance Portability and
Accountability Act of 1996 ("HIPAA") and its implementing regulations.
“Personal Information” has the meaning assigned under the California Consumer Privacy Act ("CCPA"), as
amended by the California Privacy Rights Act ("CPRA"), and includes Sensitive Personal Information where
applicable.
“Applicable Law” means all federal, state, and local statutes, regulations, ordinances, professional licensing
requirements, and governmental guidance applicable to the Website, TWD’s operations, and the Services.
MEDICAL DISCLAIMER
The Website is intended solely for general informational and educational purposes. The information presented
on the Website, including but not limited to articles, blogs, treatment descriptions, videos, photographs,
before-and-after images, testimonials, frequently asked questions, social media content, newsletters,
downloadable materials, and other educational resources, does not constitute:
medical advice;
nursing advice;
diagnosis;
treatment recommendations;
medical opinions;
healthcare instructions;
professional services; or
the practice of medicine.
Nothing contained on the Website should be interpreted as creating an individualized treatment
recommendation. You should never disregard professional medical advice or delay seeking medical treatment
because of information obtained from this Website. Healthcare decisions should always be made after
consultation with an appropriately licensed healthcare provider familiar with your individual medical history.
Individual Results
Individual treatment outcomes vary. No guarantee is made regarding:
aesthetic results;
longevity of treatments;
complication rates;
suitability for treatment;
product effectiveness; or
patient satisfaction.
Photographs, testimonials, videos, and educational materials illustrate individual experiences only and should
not be interpreted as guarantees of future results.
Product Information
Descriptions of skincare products, medical devices, procedures, or treatments are provided solely for
informational purposes. Such descriptions are not intended to replace individualized medical advice. Always
follow product instructions and consult a healthcare professional before beginning any new skincare regimen or
treatment.
EMERGENCY MEDICAL DISCLAIMER
The Website is not intended for emergency medical situations. If you believe you are experiencing a medical
emergency, immediately:
call 911;
contact your local emergency services;
or proceed to the nearest emergency department.
Electronic communications may not be monitored continuously and should never be relied upon for urgent
medical needs. TWD assumes no responsibility for delays in responding to electronic communications relating
to medical emergencies.
EDUCATIONAL CONTENT DISCLAIMER
The Website and all information made available through the Website are intended solely for general
educational and informational purposes. Content provided by TWD is designed to increase awareness and
understanding of aesthetic medicine, skincare, wellness, and related topics but is not intended to replace
individualized medical advice, diagnosis, or treatment.
Information available through the Website, including but not limited to articles, blog posts, videos,
downloadable materials, webinars, newsletters, FAQs, social media content, provider biographies, treatment
descriptions, before-and-after photographs, testimonials, and marketing materials, should not be interpreted as
medical advice or relied upon as the sole basis for healthcare decisions.
Any treatment recommendations, skincare routines, product information, or educational materials presented on
the Website are general in nature and may not be appropriate for your individual medical history, skin type,
allergies, medications, or treatment goals.
You should consult a qualified healthcare provider before beginning any cosmetic treatment, skincare regimen,
or medical procedure.
Before-and-After Images & Testimonials
Before-and-after photographs displayed on the Website represent the actual experience of individual patients
who consented to the use of their images. Individual results vary significantly based upon numerous factors,
including anatomy, age, genetics, medical history, healing response, lifestyle, compliance with post-treatment
instructions, and provider assessment. Photographs are illustrative only and do not guarantee similar results.
Testimonials and reviews reflect the personal experiences and opinions of individual patients. They are not
intended to guarantee that current or future patients will achieve similar outcomes.
Artificial Intelligence and Automated Data Collection
You may not use the Website or any Content, including text, photographs, videos, treatment descriptions,
educational materials, provider biographies, trademarks, or other proprietary information, to train, develop,
fine-tune, test, validate, or improve any artificial intelligence, machine learning, large language model, or similar
technology without TWD’s prior written consent. You may not use any robot, scraper, crawler, spider, data
mining tool, automated process, or similar technology to access, extract, copy, monitor, index, or collect
information from the Website except as expressly authorized by TWD in writing.
APPOINTMENT REQUESTS, BOOKINGS, CANCELLATIONS, AND PAYMENT POLICIES
Appointment Requests
The Website may allow users to request consultations, appointments, or other services through online
scheduling platforms, patient portals, telephone, SMS, email, or other electronic methods. Submission of an
appointment request does not constitute acceptance by TWD and does not create a physician-patient
relationship. All appointments remain subject to provider availability, medical appropriateness, staffing, facility
operations, and confirmation by TWD. TWD reserves the right to approve, deny, reschedule, modify, or cancel
appointment requests at its sole discretion, subject to applicable law.
Medical Evaluation Required
Certain treatments offered by TWD require an evaluation by an appropriately licensed healthcare provider
before treatment can be provided. Nothing on the Website shall be interpreted as guaranteeing eligibility for
any procedure, treatment, prescription, or medical service. The treating provider retains sole professional
judgment regarding whether treatment is medically appropriate.
Pricing
Unless expressly stated otherwise, all prices displayed on the Website are estimates only, are subject to change
without notice, and may not reflect the final amount charged. Actual pricing may vary based on consultation
findings, provider recommendations, treatment complexity, the products or services selected, geographic
location, promotional eligibility, applicable taxes, and any other fees or charges associated with the transaction
or treatment. TWD does not guarantee that any price, discount, promotion, or offer displayed on the Website
will remain available or apply to a particular purchase, appointment, or service.
Deposits and Cancellation Fees
Certain appointments may require deposits, reservation fees, or prepayment. Applicable cancellation,
rescheduling, late arrival, and no-show policies may be presented during scheduling, within patient forms, or
through separate written policies. By scheduling an appointment, you agree to those policies as presented at
the time of booking.
Promotions and Discounts
Promotional pricing, discounts, memberships, gift cards, referral incentives, rewards, introductory offers, and
special events are subject to separate terms and conditions.
Unless expressly stated otherwise:
promotions have no cash value;
promotions may not be combined;
promotions may be modified or discontinued without notice;
promotions may be limited by availability; and
promotional offers do not guarantee future pricing.
Nothing in these Terms obligates TWD to continue any promotion indefinitely.ONLINE STORE, PRODUCTS, GIFT CARDS, AND MEMBERSHIPS
Product Purchases
TWD offers skincare products and other retail items through its Website. All product descriptions,
photographs, pricing, availability, ingredients, and specifications are subject to change without notice.
Although TWD strives for accuracy, we do not warrant that product descriptions, pricing, photographs,
availability, or other Website content are complete, current, or error-free. TWD reserves the right to correct
errors, update information, refuse orders, limit quantities, or discontinue products at any time.
Product Use
Products sold through the Website are intended for lawful personal use only. Users are responsible for
reviewing product ingredients and consulting an appropriately licensed healthcare professional regarding
allergies, sensitivities, pregnancy, nursing, medical conditions, medications, or other contraindications before
use. TWD does not guarantee individual product performance or results.
Gift Cards
Gift cards are subject to applicable federal and state law together with any separate Gift Card Terms published
by TWD.
Unless prohibited by law:
gift cards are non-refundable;
gift cards are not redeemable for cash;
lost or stolen gift cards may not be replaceable;
promotional gift cards may expire as permitted by law; and
gift cards may not be resold without TWD’s written consent.
Membership Programs
If TWD offers memberships or subscription-based programs, participation shall also be governed by any
Membership Terms published by TWD. Membership benefits, pricing, renewal provisions, cancellation rights,
exclusions, and eligibility requirements may change as permitted by applicable law. Nothing in these Terms
guarantees the continued availability of any membership program.
INTELLECTUAL PROPERTY RIGHTS
Ownership
The Website and all content, features, functionality, and materials made available through the Website
(collectively, the “Content”) are owned by or licensed to TWD and are protected by applicable United States
and international copyright, trademark, trade dress, patent, trade secret, unfair competition, rights of publicity,
and other intellectual property and proprietary rights laws. The Content includes, without limitation, all
trademarks, service marks, trade names, logos, brand identifiers, photographs, provider biographies, before-
and-after images, videos, artwork, graphics, illustrations, treatment protocols, Facial Balancing®
methodologies and educational content, text, blog posts, articles, software, source code, databases, page
layouts, user interfaces, audiovisual works, downloadable materials, marketing materials, compilations, and the
overall design, selection, arrangement, and appearance of the Website.
Except as expressly authorized in these Terms or with TWD’s prior written consent, you may not copy,
reproduce, modify, adapt, translate, distribute, publish, display, perform, transmit, create derivative works
from, reverse engineer, decompile, disassemble, scrape, download, sell, license, exploit, or otherwise use any
Content, in whole or in part, for any commercial or non-commercial purpose. No right, title, or interest in or to
the Website or any Content is transferred to you by virtue of your use of the Website, and all rights not
expressly granted herein are reserved by TWD.
Limited License
Subject to your compliance with these Terms, TWD grants you a limited, personal, revocable, non-exclusive,
non-transferable, and non-sublicensable license to access and use the Website solely for your personal, lawful,
and non-commercial use. This limited license does not grant you any ownership or other proprietary interest in
the Website or its Content and may be revoked by TWD at any time in its sole discretion.
Except as expressly authorized by these Terms or with TWD's prior written consent, you may not use the
Website or any Content for any commercial purpose or engage in any activity that exploits or reproduces the
Website or its Content, including, without limitation, commercial exploitation, republication, systematic
downloading, copying, data scraping, web crawling, harvesting, indexing, framing, mirroring, creating
derivative works, resale, unauthorized distribution, or using any Content, data, photographs, videos, text, or
other materials to train, develop, test, validate, or improve any artificial intelligence, machine learning model,
large language model, or other automated technology. Any use of the Website or its Content outside the
scope of this limited license is strictly prohibited and may violate applicable intellectual property and other
laws
Trademarks
“The Things We Do,” associated logos, slogans, branding, service names, product names, and other
identifiers are trademarks or service marks owned by TWD or its licensors. Nothing contained in these Terms
grants any license to use TWD’s trademarks without prior written authorization.
USER SUBMISSIONS, REVIEWS, TESTIMONIALS, AND SOCIAL MEDIA
User Content
You may voluntarily submit reviews, testimonials, photographs, comments, questions, social media tags,
suggestions, feedback, or other materials (“User Content”).
You represent and warrant that:
you own or control all rights necessary to submit the User Content;
the User Content is accurate;
submission does not violate another person’s rights;
submission complies with applicable law; and
submission does not contain confidential information you do not wish to disclose.
License to TWD
To the fullest extent permitted by law, by submitting User Content to TWD, you grant TWD a worldwide,
perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, publish,
display, distribute, adapt, translate, create derivative works from, and otherwise exploit such User Content for
business, educational, promotional, marketing, quality improvement, or operational purposes, unless
otherwise restricted by law or separate written agreement. This license does not authorize TWD to use
Protected Health Information or identifiable patient images in a manner requiring separate authorization
under HIPAA or applicable California law.
Reviews and Testimonials
TWD reserves the right—but not the obligation—to monitor, edit, remove, or decline User Content for any
reason, including content that is unlawful, defamatory, fraudulent, misleading, obscene, offensive, infringing,
or inconsistent with these Terms. TWD does not endorse user opinions and is not responsible for User Content
posted by third parties.
THIRD-PARTY SERVICES, LINKS, AND TECHNOLOGY
The Website may contain links to or integrate with third-party websites, applications, scheduling platforms,
payment processors, patient portals, social media platforms, embedded content, mapping services, analytics
providers, marketing vendors, and other products or services that are not owned, operated, or controlled by
TWD (collectively, ”Third-Party Services"”). These Third-Party Services are provided solely as a convenience
and do not constitute an endorsement, sponsorship, recommendation, or approval by TWD. TWD does not
control, monitor, or assume any responsibility or liability for the content, accuracy, availability, functionality,
security, privacy practices, terms of use, products, services, advertising, policies, business practices, or any
other aspect of any Third-Party Service. Your access to and use of any Third-Party Service is solely at your own
risk and is governed exclusively by the applicable third party's terms, conditions, and privacy policies. To the
fullest extent permitted by applicable law, TWD shall not be responsible or liable for any loss, damage, liability,
claim, or expense arising out of or related to your access to, use of, or reliance upon any Third-Party Service or
any products, services, or content made available through such Third-Party Service.
Third-Party Technology
The Website may integrate technologies provided by third parties, including:
appointment scheduling systems;
payment processors;
customer relationship management platforms;
patient communication platforms;
analytics providers;
cookie management tools;
marketing platforms;
embedded video services;
social media integrations; and
cloud hosting providers.
Use of these technologies may result in the collection, processing, or transmission of information as described
in TWD’s Privacy Policy and the applicable third-party provider’s privacy policy.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, ALL CONTENT, PRODUCTS,
SERVICES, COMMUNICATIONS, SOFTWARE, MATERIALS, AND INFORMATION MADE AVAILABLE
THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,”
AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE. TWD EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, AVAILABILITY, SECURITY,
QUALITY, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
Without limiting the foregoing, TWD does not warrant or represent that the Website or any Content will
always be available, uninterrupted, secure, accurate, complete, current, or free from errors, defects, viruses,
malware, or other harmful components; that any defects or errors will be corrected; that products or services
displayed on the Website will remain available; or that any treatment, procedure, product, or service described
on the Website will produce any particular medical, cosmetic, or aesthetic outcome. Any reliance you place on
the Website or its Content is solely at your own risk.
Nothing contained on the Website, including any Content, communications, educational materials, provider
biographies, before-and-after photographs, testimonials, product descriptions, or treatment information,
creates any warranty, guarantee, or representation regarding the availability, suitability, effectiveness, safety,
quality, or results of any medical service, cosmetic treatment, product, or procedure. Individual results vary, and
all medical decisions should be made in consultation with a qualified healthcare provider.
The foregoing disclaimers apply to the fullest extent permitted by applicable law. Nothing in these Terms
excludes, restricts, or limits any warranty or other right that cannot be excluded, restricted, or limited under
applicable law.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TWD, ITS AFFILIATED ENTITIES,
PHYSICIANS, LICENSED HEALTHCARE PROVIDERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES,
CONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, AND VENDORS
(COLLECTIVELY, THE “TWD PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF
PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, REPUTATION, DATA, USE, BUSINESS
INTERRUPTION, OR OTHER INTANGIBLE LOSSES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. This limitation applies to all claims arising out of or relating to your access to or use of the
Website, your inability to access or use the Website, any products or services purchased or requested through
the Website, appointment requests, User Content, third-party websites or services, Website interruptions,
cyberattacks, viruses or other malicious code, reliance on Website Content, electronic communications, or
these Terms.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE
TWD PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, THESE
TERMS, OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT
PAID BY YOU TO TWD THROUGH THE WEBSITE DURING THE TWELVE (12) MONTHS IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. Accordingly,
portions of this Section may not apply to you to the extent prohibited by applicable law. Nothing in these
Terms shall exclude or limit any liability that cannot be excluded or limited under applicable law.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless TWD, its
affiliated entities, management companies, physicians, providers, officers, directors, shareholders, employees,
contractors, agents, successors, assigns, licensors, vendors, and service providers (collectively, the “TWD
Parties”) from and against any and all claims, demands, actions, causes of action, investigations, liabilities,
judgments, settlements, damages, losses, fines, penalties, costs, and expenses, including reasonable
attorneys’ fees and costs, arising out of or relating to: (a) your access to or use of the Website; (b) your User
Content or other information submitted by you; (c) your violation of these Terms or any incorporated policy; (d)
your violation of any applicable law, regulation, or third-party right; (e) any infringement, misappropriation, or
violation of any intellectual property, privacy, publicity, contractual, or proprietary right resulting from
information or materials submitted by you; (f) any fraudulent, negligent, or wrongful act or omission by you; or
(g) any misrepresentation made by you. TWD reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate
fully in the defense of any such matter. You may not settle any claim subject to indemnification without TWD’s
prior written consent.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Please read this carefully. It affects your rights. By using our website or services, including SMS programs, you
acknowledge that you have read and understand the arbitration provision below, that it is a condition of your
use of our services, and that you knowingly and voluntarily waive the right to a trial by jury and to participate in
any class or representative proceeding.
YOU AND TWD AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING
TO, THIS AGREEMENT OR THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL
ARBITRATION. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes
claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute,
regulation, or legal or equitable theory. You and TWD hereby agree that the Federal Arbitration Act, 9 U.S.C. §
1 et seq. (“FAA”), applies to this agreement to arbitrate, and governs all questions of whether a dispute is
subject to arbitration. Unless you and TWD agree otherwise in writing, arbitration shall be administered by the
American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time of the
filing of the arbitration (the “AAA Rules”). The arbitration shall take place exclusively in Honolulu, Hawaii,
unless both parties agree in writing to a different location. The arbitration decision and award shall be final and
binding, with limited exceptions under the FAA, and judgment on the award may be entered in any court of
competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TWD ARE
EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS,
REPRESENTATIVE, OR COLLECTIVE PROCEEDING. THIS AGREEMENT DOES NOT ALLOW FOR CLASS
ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD OTHERWISE PERMIT THEM.
YOU AND TWD AGREE THAT ANY DISPUTES RELATED TO THIS SMS PROGRAM SHALL BE RESOLVED
SOLELY ON AN INDIVIDUAL BASIS. YOU AGREE NOT TO PARTICIPATE AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AND TWD
ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, UNLESS
YOU AND TWD AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE
THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS AND MAY NOT OTHERWISE
PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. ALL CLAIMS SHALL BE
BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
Informal Resolution
Before initiating arbitration, either party shall provide written notice describing the dispute and allow thirty (30)
days to attempt informal resolution.
Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH PARTIES KNOWINGLY WAIVE ANY RIGHT TO A JURY
TRIAL.
Limitation on Time to File Claims
To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to these
Terms, the Website, or your use of the Website must be commenced within one (1) year after the claim or
cause of action first accrues, or such claim or cause of action shall be permanently barred. This contractual
limitations period applies only to the extent permitted by applicable law and does not apply where a longer
limitations period cannot lawfully be shortened or waived.
GOVERNING LAW AND VENUE
Any dispute, claim, or controversy arising out of or relating to it (whether sounding in contract, tort, statute, or
otherwise), shall be governed by and construed in accordance with the laws of the State of Hawaii, without
regard to its conflict of law principles. The exclusive venue for any arbitration, judicial enforcement of
arbitration awards, or any other proceedings arising under this Agreement shall be in Honolulu, Hawaii.
FORCE MAJEURE
TWD shall not be liable for any delay in performance or failure to perform any obligation under these Terms if
such delay or failure results from causes beyond its reasonable control, including, but not limited to, acts of
God, natural disasters, epidemics, pandemics, governmental actions, labor disputes, internet or
telecommunications failures, utility interruptions, cyberattacks, supplier or vendor failures, transportation
disruptions, war, terrorism, civil unrest, or any other event or circumstance beyond TWD's reasonable control.
TWD will use commercially reasonable efforts to resume performance as soon as practicable following the
cessation of the force majeure event.TERMINATION
TWD reserves the right to suspend, restrict, or terminate your access to all or any portion of the Website, with
or without prior notice, if TWD reasonably determines that you have violated these Terms, your conduct
poses a legal, security, or operational risk, your actions interfere with the operation, security, or integrity of
the Website, or continued access is otherwise inappropriate or contrary to TWD's legitimate business
interests or applicable law. TWD may also suspend or terminate the Website or any portion of its services at
any time, with or without notice, for maintenance, operational, business, or legal reasons. Any suspension or
termination under this section shall not affect any rights, remedies, obligations, or liabilities that accrued prior
to the effective date of such suspension or termination, all of which shall survive as provided in these Terms.
SEVERABILITY
If any provision of this arbitration agreement is found to be invalid, unenforceable, or illegal, such provision
shall be severed, and the remaining provisions shall continue in full force and effect. The obligations to
arbitrate and all related waivers under this section shall survive the termination, rescission, or expiration of
this Agreement.
ENTIRE AGREEMENT
These Terms, together with TWD’s Privacy Policy, SMS Terms and Conditions, Notice of Privacy Practices,
Membership Terms, Rewards Program Terms, Referral Program Terms, Gift Card Terms, and any other
policies, notices, guidelines, or agreements expressly incorporated by reference or made available through
the Website, constitute the entire agreement between you and TWD regarding your access to and use of the
Website and supersede all prior or contemporaneous communications, representations, understandings, and
agreements, whether oral or written, relating to the same subject matter. In the event of a conflict between
these Terms and any incorporated policy, the more specific policy shall control with respect to the subject
matter addressed therein, except that TWD’s Notice of Privacy Practices shall govern the use and disclosure
of Protected Health Information as required by applicable law.
ELECTRONIC SIGNATURES
To the fullest extent permitted by applicable law, you agree that your electronic actions, including, without
limitation, checking a box indicating your acceptance, clicking an “I Agree,” “Accept,” or similar button,
submitting an appointment request or other online form, creating an account, purchasing products or
services, electronically signing documents, or otherwise providing your electronic assent through the Website
or any related platform, constitute your legally binding electronic signature and your intent to be bound by
these Terms and any other applicable agreements or consents. You acknowledge and agree that such
electronic signatures and records satisfy any legal requirement for a written signature under the Electronic
Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act
(UETA), and any other applicable federal or state law. You further agree that electronic records maintained by
TWD have the same legal force and effect as paper records and may be used as evidence of your agreement,
consent, transactions, and communications with TWD.
CONTACT INFORMATION
If you have questions regarding these Terms, please contact:
The Things We Do, PC
Email: info@thethingswedo.co
ACKNOWLEDGMENT
BY ACCESSING THE WEBSITE, REQUESTING AN APPOINTMENT, PURCHASING PRODUCTS, ENROLLING
IN SMS COMMUNICATIONS, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT:
YOU HAVE READ THESE TERMS OF USE;
YOU UNDERSTAND THEM;
YOU AGREE TO BE LEGALLY BOUND BY THEM;
YOU HAVE REVIEWED THE PRIVACY POLICY;
YOU HAVE REVIEWED THE SMS TERMS AND CONDITIONS (IF APPLICABLE);
YOU CONSENT TO ELECTRONIC COMMUNICATIONS AS DESCRIBED HEREIN; AND
YOU AGREE TO RESOLVE DISPUTES AS PROVIDED IN THESE TERMS.
