Welcome to the Medical Spa MD website. Unfortunately, due to present-day litigious circumstances, we all need a formal legal disclaimer. Here it is.
We reserve the right at any time, with or without cause, to:
- change the terms and conditions of this Agreement
- change the website, including eliminating or discontinuationg any information, services, or features
- deny or terminate your use of and/or access to the website
Any changes we make will be effective immediately upon our making such changes available on the Website or otherwise providing notice thereof. You agree that your continued use of the Website after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all of the terms and conditions and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
This site and all of its communications in any form is intended for medical professionals around the world and contains information from places on this planet where laws and regulations are undoubtedly very different from those that you might be operating under. Don't be an idiot. You should not take any action or make any decision without consulting your own legal and/or professional representative. Medical Spa MD makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, Services are appropriate, legal, unregulated, or available for use in other locations. Accessing the Website from territories where the Website or any content or functionality of the Website or portion thereof is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable local, state, national and international laws and regulations.
PERMITTED USE OF SERVICES & INFORMATION
The services made available on, by or through the Website, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references (collectively, the "Information"), are provided for personal use only and not for any for-profit or commercial activities or purpose or for resale. Without the written consent of Medical Spa MD, no Information or any other Medical Spa MD materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE SITE’S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE SITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE THE SITE.
BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
Access to certain functionalities of the Website will require you to register with and/or provide certain information to Medical Spa MD. We reserve the right to decline to provide Services to any person for any or no reason. If and when you register with or provide information to Medical Spa MD, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that by registering for this site that you agree to join our mailining list and that you will receive emails or other communications from us.
POSTINGS, COMMENTS, AND OTHER SUBMISSIONS
As part of your use of the Website, you may participate in certain comment threads, message boards, member communications and/or other public forums. Your participation is voluntary; however, by choosing to create posts, blogs, or comments, send any messages, submit any ideas or feedback, or otherwise participate in any Medical Spa MD forum, you acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, suggestions, feedback, reviews or content provided by you (collectively, "Content") may be viewed by the general public and will not be treated as private, proprietary or confidential, and you authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
The Site is open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By posting or providing any Content on the Website, you represent and warrant to Medical Spa MD that you own or have the right to use and permit us to use and license such Content in the manner stated in this Agreement. By way of example and not limitation, if you post or otherwise provide a photograph which includes an image of any person, you need to first obtain permission or a release from such person appearing in the photograph to use their image and permit us to use and license it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement. By way of further example and not limitation, if you post or otherwise provide a photograph of a pictorial, graphic, sculptural or architectural work that is protected by copyright, you need to first obtain permission or a release from the owner of the copyright in such work to reproduce and adapt their work and permit us to use it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement.
Medical Spa MD may enable you to post ratings, comments, or reviews of vendors and/or service providers on the Website (your “Reviews”). Reviews are considered Content. You may not post any reviews about a vendor and/or service provider if you are (a) an employee, contractor, officer or director of the vendor and/or service provider; (b) an employee, contractor, officer or director of a competitor of the vendor and/or service provider; or (c) related to the vendor and/or service provider in any way, including blood, adoption or by marriage. By posting a Review, you acknowledge and agree that such Content:
(1) is based upon your first-hand experience with the vendor and/or service provider that is the subject of the Review;
(2) is accurate, truthful and complete.
You agree not to post or provide any Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself outside of the laws governing Fair Use unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person.
If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
You further agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any Content submitted by you or others. We cannot and do not guarantee that we will post all Content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on the Website.
THIRD-PARTY LINKS, PRODUCTS AND SERVICES
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS, PRODUCTS OR SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND THE AUTHOR MAKES NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.
ACCEPTABLE USE POLICY
You agree not to use the Information, Services or the Website to take any action or actions that:
a) are contrary to Medical Spa MD's public image, goodwill or reputation;
b) infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c) express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
d) violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
e) are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
f) transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
g) restrict or inhibit any other visitor from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
h) modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information;
i) remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Website, or Services;
j) sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Website, or any portion thereof, in any manner whatsoever;
k) "frame" or "mirror" any part of the Website without our prior written authorization;
l) distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
m) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Medical Spa MD or its licensors or suppliers;
n) involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
o) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures;
p) forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
q) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website's servers or any data not intended for you; and/or
r) harvest or collect information about any Website visitors or members without their express consent.s) any conduct of unlawful activity, including, but not limited to, fraud, theft, embezzlement, money laundering, or insider trading.
You agree not to do any of the following:
a. You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commerical Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals in other countries.
b. You may not offer or sell Commercial Products that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another.
c. You may not offer or sell any Commercial Products that we, in our discretion, determine are inappropriate, offensive, pornographic, sexually explicit or violent.
d. You may not offer or sell any Commercial Products that infringe upon or have the potential to infringe upon an individual’s privacy or that may be libelous, slanderous or otherwise defamatory.
f. You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.
g. Cause or encourage any person or entity to violate our Terms of Service.
h. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
i. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the Site, its members, authors, owners, contractors, or employees.
j. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation to this sites readers, members, authors, contractors, owners or employees.
k. Use the Site or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service.
l. Collect or store any personally identifiable information from the Site or from other users of the Site without their express written permission.
m. Impersonate or misrepresent your affiliation with any person or entity.
n. Violate any applicable law or regulation.
o. Encourage or enable any other individual or entity to do any of the foregoing.
Improper use of the Information, Services and Website may result in termination of your access to and use of the Website, and/or civil or criminal liabilities.
The Website is owned and operated by Medical Spa MD and its licensors, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Medical Spa MD and its licensors and suppliers. The Information and Services are protected by national and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service or Information without our prior written permission. The Information, Website, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Medical Spa MD or, if so indicated in writing by Medical Spa MD, its licensors or suppliers. Use of the Website or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or any Services or Information.
The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered trademarks of Medical Spa MD, Medical Spa MD licensors and suppliers, and/or others. Nothing contained in this Agreement or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Medical Spa MD, Medical Spa MD licensors or suppliers, or the third party owner of any such Trademark, except as set forth in the following paragraph.
MEDICAL SPA MD BUTTONS, LINKS AND WIDGETS
You may use the Medical Spa MD images, buttons, links and widgets displayed on the 'badges' section of this Website provided that (a) such buttons, links and widgets link only to the Website; (b) you do not modify such buttons, links, widgets or associated code in any manner, (c) you do not use any such buttons, links, widgets in any manner which implies or suggests that Medical Spa MD operates, endorses, sponsors or recommends the website on which such buttons, links and widgets are used, and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate the Medical Spa MD acceptable use policy stated above. You acknowledge and agree that all rights in and to the Medical Spa MD trademarks are our exclusive property, and any goodwill generated by your use of any Medical Spa MD trademark will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any Medical Spa MD trademark. We retain the right to revoke the permission to use such buttons, links and widgets at any time for any reason.
You hereby affirm that you are over the age of 18, as this Website is not intended for children under 18. If you are under 18 years of age, then you may not use the Website. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
TERM & TERMINATION
This Agreement is effective from the date that you first access the Website or submit any information to Medical Spa MD, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Medical Spa MD may immediately terminate this Agreement, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Medical Spa MD rights of ownership shall survive any termination.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Medical Spa MD to maintain and support the Website, or any part or portion thereof, during the term of this Agreement.
DISCLAIMERS OF ALL WARRANTIES
THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE, OR YOUR USE OF THE WEBSITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATABILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
Per the FTC rules in the US, if we interview someone and they grab the bill for lunch, we would need to specify this. Ditto if we use an Amazon link that gets us 10 cents instead of an Amazon link that gets me 0 cents. If someone gives me a comfy t-shirt with a logo and we wear it in a photo, same deal. Disclaimers all over the place.
This would be tedious for us and a continual eye sore for readers, but rules is rules.
To cover our ass and preserve your reading experience, please assume that ALL conent, links, reviews, sponsorships, advertising, recommendations and everything else should be viewed as if the writer and/or Medical Spa MD is the owner of, benefits from, or has been paid by someone.
MEDICAL ADVICE DISCLAIMER
All Content is made available for informational purposes only. Medical Spa MD does not provide any medical advice on the Site, and the Information should not be so construed or used. Using, accessing and/or browsing the Site and/or providing personal or medical information to the Site or any user does not create a physician-patient relationship with the site or any individual or Member. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.
FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Site. You hereby agree that you shall not make any business, financial, investment, legal, regulatory, and/or other decision based in whole or in part on anything contained in the Site. You also agree that you understand that the Site provides Information and Content WORLD WIDE including opinions, information and content that is likely to be prohibited, restricted, or illegal where you are and that you are solely responsible for all regulatory and legal compliance in your geographical area.
CONTENT & ADVERTISING DISCLAIMER
Each and every thought on this site is someones OPINION. Most comments are made anonymously and should be viewed with extreme skepticism.
Those individuals who post or comment are responsible for what they say, and all errors, opinions, claims, idiocy, stupid comments, swear words, and humor are their own personal responsibilities and are not moderated or screened by us. In short, anyone can post an anonymous comment or opinion here so keep that in mind and view all content with extreme skepticisim!
Comments are not moderated although we might find and remove profanity and whatever else might violate our sensibilities. Of course, these points of view belong to the writers and are not necessarily shared by anyone else.
Any opinions expressed on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.
The Information may be changed without notice and is not guaranteed to be accurate, complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Site undertakes no obligation to update any Information on the Site; provided, however, that the Suthor may update the Information at any time without notice in the Sites sole and absolute discretion. The Site reserves the right to make alterations or deletions to the Information at any time without notice.
Advertisers on this site may be advertising products and services that might be regulated, restricted or even illegal based on your location. If you have any doubt, contact a lawer. You assume all liability and risk for interacting or purchasing product or services and expressly absolve Medical Spa MD, its owners, staff, authors, shareholders and all others associated with this site from any liability or responsibility for your interaction or puchase of products or services advertised on this site.
LIMITATION OF LIABILITY
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER MEDICAL SPA MD NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, AUTHORS, GUEST AUTHORS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, SERVICES, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, OR LINKED WEBSITE, AS APPLICABLE. NEITHER MEDICAL SPA MD NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF (1) ANY INACCURANCY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON THE WEBSITE BY THIRD PARTIES OR (2) YOUR HIRING OR ENGAGEMENT OF, OR ASSOCIATION WITH, ANY THIRD PARTY ADVERTISING OR OFFERING SERVICES THROUGH THE WEBSITE.
You agree to fully indemnify, defend, and hold Medical Spa MD, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, authors, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Website or other websites to which the Website is linked; and/or (d) your negligence or willful misconduct.
Medical Spa MD makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website or any content or functionality of the Website or portion thereof is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws and regulations.
DISPUTE RESOLUTION/GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Country of the Phillippines, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in the Phillippines and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all Phillippine courts. Venue will lie exclusively in Manilla, Phillippines. For the sake of clarity, nothing in this paragraph shall affect Medical Spa MD's ability to seek from a court injunctive or equitable relief at any time.
If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by Medical Spa MD as provided herein or otherwise by written instrument signed by Medical Spa MD. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with Medical Spa MD's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Medical Spa MD may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
NO INJUCTIVE RELIEF
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
NOTIFICATION OF CLAIMS OF INFRINGEMENT:
The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Medical Spa MD infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. You may use the contact form on this site but the notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Medical Spa MD to locate the material on the Website;
(d) the name, address, telephone number, and email address (if available) of the complaining party;
(e) a statement that the complaining party has 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; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Website should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.