Last Updated- Friday, July 15, 2025

1. Introduction & About Us

Welcome to Refresh and thank you for accessing our website at refreshpbma.com (hereinafter, the “Site”). This Site is owned and operated by Refresh Palm Beach Medical Aesthetics LLC, Refresh Port St Lucie Medical Aesthetics LLC, and Refresh Vero Beach Medical Aesthetics LLC (collectively, hereinafter referred to as “Refresh”, “we”, “our”, or “us”).

Legally Binding Agreement. These Terms of Use constitute a legally binding agreement between you (the “User” or “Customer”) and Refresh. By accessing or using our website at www.refreshpbma.com (the “Site”), or by using any services made available through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. We highly recommend that you stop using our Site if you do not agree or accept these Terms. Your continued use of this Site or our Services implies your consent and acceptance towards this Agreement.

Eligibility. By accessing or using the Site and our services, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and have the legal capacity to enter into these Terms. If you are accessing or using the Site on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. Use of the Site is not permitted where prohibited by applicable law. By using the Site, you confirm that you are not located in a country that is subject to any applicable embargo or sanctions, and you are not listed on any government list of prohibited or restricted parties.

2. Medical Disclaimer & Waiver

No substitution for medical advice. The content, products, and services offered on or through the Site are provided for informational and general wellness purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or health objective. Never disregard professional medical advice or delay in seeking it because of something you have read on our Site.

Further, by using the Site and any associated services, you acknowledge and agree that-

1. Refresh does not provide medical advice, diagnosis, or treatment. No information or service provided through the Site should be relied upon as the basis for any medical
2. You assume full responsibility for your use of any information or services obtained from the Site.
3. You voluntarily and knowingly waive and release Refresh, its officers, directors, employees, agents, and affiliates from any and all claims, demands, damages, or liability arising out of or in connection with any health issues, injuries, or outcomes—physical, mental, or emotional—that may result from your use or misuse of the Site or its content.

If you think you may have a medical emergency, call your doctor or emergency services immediately.

3. No unlawful or prohibited use

You agree to use the Site and our Services only for lawful purposes and in accordance with these Terms. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, or that infringes upon the rights of others.

Without limiting the generality of the foregoing, you agree not to:

• Use the Site or its content in any manner that violates any applicable law, regulation, or third-party right;
• Copy, reproduce, modify, publish, transmit, distribute, display, perform, or create derivative works from the Site or its content without our prior written consent;
• Access or use the Site for the purpose of scraping, harvesting, or extracting data, including through the use of bots, crawlers, spiders, or any automated means;
• Attempt to gain unauthorized access to any portion of the Site, other user accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means;
• Interfere with or disrupt the integrity or performance of the Site or any other user’s experience, including by introducing viruses, malware, or other harmful code;
• Use the Site in any manner that could damage, disable, overburden, or impair any part of

the Site or interfere with any other party’s use and enjoyment of the Site;

• Impersonate any person or entity or misrepresent your affiliation with any person or entity in connection with your use of the Site.

We reserve the right to terminate or restrict your access to the Site, with or without notice, if we believe that you have violated these Terms or engaged in any unlawful or prohibited activity.

Limited License to Use. Refresh only grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site solely for your personal, non-commercial use and in accordance with these Terms. Except as expressly permitted by us in writing, you may not copy, reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any content from the Site. Any unauthorized use of the Site or its content may violate intellectual property laws and is strictly prohibited.

4. Intellectual Property Rights

1. You acknowledge and agree that the Contents of our Site other than any User Content such as images, feedback, reviews, or any testimonials, and including without limitation, the text, graphics, images, sounds, scripts or any other interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Refresh, and are subject to copyright and other intellectual property rights under the US laws including the Copyright Act 1976, Trademark Act 1946, and other international treaties or conventions that the US is a signatory.
2. The Site may display certain trademarks belonging to Third Parties in relation to the The use of these trademarks may be governed by licenses granted to Refresh by such Third Parties. In no instance shall you reverse engineer, decompile, or disassemble such trademarks, and nothing in these Terms of Service shall be construed as granting you any rights with respect to such trademarks.
3. Materials on the Site are provided AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose without the express written permission of the respective owners. Refresh reserves all rights to the Site and Materials not expressly granted herein. You agree not to use, copy, or distribute any of the Materials except as expressly permitted herein, including any use, duplication, or distribution for commercial purposes of Materials of Third Parties obtained through the When downloading or printing

 

a copy of the Materials for your own personal use, you must keep all copyright and other proprietary notices intact.

1. You agree not to bypass, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict the use or duplication of any Materials or enforce usage limitations on the Site or the Materials therein. The Site and service is safeguarded to the greatest extent permitted by the above specified copyright laws, other laws, and international treaties and/or conventions. According to copyright laws, other laws, and international conventions, the content displayed on or through the Site is protected by copyright as a collective work and/or compilation. It is expressly prohibited to reproduce, modify, create derivative works from, or redistribute the Site, the Materials, or the collective work or compilation. It is expressly prohibited to copy or reproduce the Site, the Materials, or any portion thereof, on any other server or location for the purpose of further reproduction or
2. You also undertake not to reproduce, duplicate, or copy Content or Materials from the Site and to comply with all copyright and other notices displayed therein. You are not permitted to decompile, disassemble, or otherwise attempt to discover the source code contained within the Site. You agree not to reproduce, duplicate, replicate, sell, resell, or otherwise exploit for any commercial purposes any portion of the Site or service.
3. User Generated Content. By submitting or creating any content using our platform including but not limited to reviews (including Google reviews), ratings, comments, social media posts, Instagram reels, YouTube shorts, photos, videos, or other materials (“User Content”), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and display such content in any media now known or later developed, for any purpose, including marketing and promotional Further, we reserve the right (but not the obligation) to monitor, review, edit, or remove any User Content at our sole discretion, including content that we determine violates these Terms or applicable law, without prior notice. You acknowledge that your User Content may be visible to other users and may be used by us in public-facing materials, including on our website, social media platforms, advertisements, or other promotional channe ls. We may attribute your content to you (e.g., by username or social handle), unless you specifically request otherwise in writing.

5. Indemnification

You agree to defend, indemnify and hold harmless Refresh, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (i) your use of and access to the Site and/or the service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any Third Party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a Third Party. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the Service and the Site.

6. Expansion to Telehealth & Virtual Consultation (as and when applicable)

Informational Use Only. Any telehealth or virtual consultations offered by Refresh are intended solely to support non-emergency wellness, skincare, aesthetic, or cosmetic treatments, and do not replace in-person medical care or a consultation with your licensed healthcare These services are provided only within the scope of practice authorized under Florida law for our licensed professionals. Telehealth consultations through our platform

are not suitable for medical emergencies or diagnostic services. If you are experiencing a medical emergency, please dial 911 immediately or seek care from an emergency facility.

1. By using our telehealth services, you acknowledge and consent to-
   1. The limitations of remote assessments, including the absence of a physical examination;
   2. The possibility of miscommunication or misdiagnosis due to technology or incomplete information; and
   3. The risks associated with electronic transmission of health information, even though we comply with applicable HIPAA privacy and security standards.

You agree to provide accurate and complete health information and follow up with in-person care if recommended.

7.  Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, Refresh, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.

Refresh MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND SERVICE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICE.

Refresh DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Refresh WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Refresh’s TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE SITE.

Use of Automated Decision making tools. Refresh may use automated systems and decision- making tools (such as algorithms or scheduling software) to support certain operational functions, including but not limited to setting appointment reminders and scheduling, sending follow-up messages or offers, and general wellness-related outreach. While these tools help Refresh to improve efficiency and personalize your experience, they do not replace human clinical judgment or influence medical decisions. We never use automated tools to make decisions regarding diagnosis, treatment plans, or clinical eligibility.

8. Termination

We reserve the right to suspend or terminate your access to the Site, at our sole discretion and without prior notice, for any reason, including but not limited to a violation of these Terms. Upon termination, any rights or licenses granted to you under these Terms will immediately cease, and you must discontinue all use of the Site and any content obtained from it. We shall not be liable to you or any third party for any suspension or termination of your access to the Site.

9. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes, claims, or legal proceedings arising out of or relating to these Terms or your use of the Site or our Services shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Florida. By using the Site, you consent to the personal jurisdiction of these courts and waive any objections based on venue or inconvenient forum.

We are committed to resolving concerns in a fair and timely manner. If you have any questions, complaints, or disputes related to these Terms or your use of the Site, we encourage you to contact us first to attempt informal resolution or mediation before pursuing legal action.

For Palm Beach: support@refreshpbma.com

For Port St. Lucie: supportpsl@refreshpbma.com

10. Miscellaneous Terms

1. Entire Agreement. These Terms, together with any Intake Consent Form you sign with us, constitute the entire agreement between you and Refresh with respect to your access to and use of the Site and our Services. They supersede all prior or contemporaneous communications, representations, understandings, or agreements, whether oral or written, between you and No waiver or modification of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of Refresh.
2. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or inapplicable, both user and Refresh nevertheless agree that the Court should endeavor to give effect to the parties’ intentions as reflected in the provision. If any provision or provisions of these Terms of Service is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
3. The failure of Refresh to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
4. These Terms of Service, any rights and licenses granted hereunder and any obligations undertaken and agreed hereunder shall be transferred or assigned by Refresh without restriction. Any such assignment or transfer by you shall be null and void.
5. Observance and Abidance by Refresh and Users shall observe and at all times remain fully compliant with any and all applicable laws, rules, regulations, codes and ordinances of all

 

local government agencies or regulatory bodies which in any manner affect or apply to their performance hereunder.

Contact Us.

If you have any questions or concerns, or if you wish to share your feedback of our Services with us, you may kindly contact us at the following email addresses-

For Palm Beach: support@refreshpbma.com

For Port St. Lucie: supportpsl@refreshpbma.com

For Vero: supportvero@refreshpbma.com