Terms & Conditions
Last modified: june 19, 2025
A LEGAL DISCLAIMER
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS SITE.
These Terms of Service ("Terms") apply to your use of the websites, mobile applications, and other online services (collectively, the "Site") operated by Provocative Plastic Surgery ("we," "our," or "us"). By accessing or using our Site, you agree to be bound by these Terms.
We may modify these Terms at any time. If we make changes, we will notify you by updating the Effective Date or providing notice through the Site. Continued use of the Site after such changes constitutes acceptance of the revised Terms.
If you have questions, please see the Contact Us section below.
1. Privacy
Please review our Privacy Policy to understand how we collect and use your information.
2. Consent to Use of Data and Mobile Communication
By providing your mobile number, you agree to receive SMS notifications from Provocative Plastic Surgery regarding appointments, promotional offers, and post-procedure care. Message frequency may vary. Message and data rates may apply. Reply HELP for help or call us at (305) 402-9111. I understand that I can opt out at any time by replying “STOP” to any message. See our Privacy Policy and Terms of Use.
Program Description
Provocative Plastic Surgery offers an SMS service that provides customers with promotional messages, appointment confirmations, updates about cosmetic procedures, and limited-time offers.
Message Frequency
Subscribers may receive up to 4 messages per week, depending on their engagement and preferences. Message frequency varies depending on procedures and offers.
Cost and Fees
Standard message and data rates may apply. Please check with your mobile carrier for details.
2.1 Opt-Out Instructions
You can unsubscribe at any time by replying ‘STOP’ to any of our messages. After opting out, you will receive one final confirmation message stating that you have been unsubscribed. No further messages will be sent unless you opt back in.
2.2 Help & Customer Support Information
For assistance, reply ‘HELP’ to any message or contact our customer service at (305) 402-9111 or info@provocativeps.com.
2.3 Privacy Policy & Data Handling
We value your privacy. Your information will not be shared with third parties except as required to provide this service. For more details, please review our Privacy Policy.
3. User Content
Our Site may allow you and other users to create, post, store, and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and us.
If you submit any User Content to us, including through the Site, you grant us and our employees, contractors, service providers, and consultants, a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such User Content, and any name, username or likeness provided in connection therewith, in all media formats and channels now known or later developed without compensation to you, in connection with the Site and us.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
4. PROHIBITED CONDUCT AND CONTENT
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Site, and you are solely responsible for your conduct while using our Site. You will not:
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Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
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Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
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Sell, resell or commercially use our Site;
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Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
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Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
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Use our Site other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
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Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
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Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
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Develop or use any applications that interact with our Site without our prior written consent;
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Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
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Bypass or ignore instructions contained in our robots.txt file; or
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Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also post or otherwise share only User Content, if our Site allows User Content, that is non-confidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
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Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
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Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
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May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
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Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
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Impersonates, or misrepresents your affiliation with, any person or entity;
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Contains any unsolicited promotions, advertising or solicitations;
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Contains any private or personal information of a third party without such third party’s consent; or
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Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.
Enforcement of this Section is solely at our discretion.
5. Ownership and License
The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited.
6. Trademarks
All logos, slogans, and the overall look and feel of the Site are trademarks of Provocative Plastic Surgery and may not be copied, imitated, or used, in whole or in part, without our prior written consent. Any other trademarks, registered trademarks, product names, or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
7. Feedback
You may voluntarily submit to us any questions, comments, suggestions, ideas, original or creative materials or other information about Provocative Plastic Surgery or our Site (collectively, “Feedback”). You agree that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You understand that Feedback is not confidential and that we may use or disclose it without restriction.
8. THIRD-PARTY CONTENT, PRODUCTS, AND SITES
We may provide content, links, or information about third-party services, vendors, or content on our Site ("Third-Party Content"). Your interactions with these third parties are strictly between you and them. Provocative Plastic Surgery does not control, endorse, or guarantee Third-Party Content and is not responsible for any damages or losses arising from your access to or use of such content.
9. DISCLAIMERS
Your use of our Site is at your sole risk. Unless otherwise stated in writing:
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The Site and all content are provided "as is" and "as available"
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We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement
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We do not guarantee the Site will be uninterrupted, secure, or free of errors or harmful components
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We do not make any representation regarding the accuracy, reliability, completeness, or timeliness of the Site content
You assume the entire risk of accessing and using our Site and services.
10. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Provocative Plastic Surgery, our affiliates, employees, contractors, service providers, and each of their respective officers, directors, agents, and employees will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages, or lost profits, even if we have been advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to the amount, if any, that you paid to access or use the Site.
Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
11. GOVERNING LAW AND VENUE
These Terms and any related action or claim shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.
You agree that any legal suit, action, or proceeding arising out of or related to these Terms or the use of the Site must be instituted exclusively in the state or federal courts located in Miami-Dade County, Florida, and you waive any objections to such jurisdiction or venue.
12. MODIFYING AND TERMINATING OUR SITE
We reserve the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that we are not liable for any modification, suspension, or discontinuance of the Site or any part thereof.
You may stop using our Site at any time. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. SEVERABILITY
If any provision or part of a provision of these Terms is found to be unlawful, void, or unenforceable, that provision or part thereof is deemed severable and does not affect the validity or enforceability of any remaining provisions.
15. MINORS
The Site is intended only for individuals 18 years of age or older. By using the Site, you affirm that you are at least 18 years old or have the consent of a parent or legal guardian. If you are under the age of 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
16. MISCELLANEOUS
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Unless otherwise expressly provided, these Terms constitute the entire agreement between you and Provocative Plastic Surgery relating to the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.
You agree that any communications and transactions between you and us may be conducted electronically.
These Terms do not create or confer any third-party beneficiary rights.
17. COPYRIGHT POLICY
We respect the intellectual property of others, and we ask that users of our Site do the same. It is our policy to restrict or terminate, in appropriate circumstances, the use of the Site by individuals who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us by providing the following information, pursuant to 17 U.S.C. Section 512:
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A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
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Identification of the copyrighted work you claim to have been infringed;
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Identification of the material that you claim is infringing and needs to be removed, and information reasonably sufficient to permit us to locate the material;
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Your contact information, including your address, telephone number, and an email address;
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A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
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A statement that the information in your notification is accurate, and that you are authorized to act on behalf of the copyright owner.
Send all copyright-related notices to:
Copyright Officer
Provocative Plastic Surgery
3701 SW 87th Ave, Miami, FL 33165
Phone: (305) 402-9111
Email: info@provocativeps.com