Welcome to our website www.advancedfacialplastic.com. We are pleased to provide this website to you subject to the following terms and conditions (the”terms of use”). By accessing or using the website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these terms of use.
Privacy
Please review our privacy statement, which also governs your visit to the website, so that you may understand our privacy practices.
Accuracy of information
We attempt to be as accurate as possible when describing our services on the website; however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, other content available on the website is accurate, complete, reliable, current, or error-free.
Intellectual property
All content available on the website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “content”) is the property of Advanced Facial Plastic Surgery Center, our affiliates, our partners or our licensors, and is protected by United States and International Copyright Laws. The trademarks, logos, and service marks displayed on the website (collectively, the “trademarks”) are the registered and unregistered marks of Advanced Facial Plastic Surgery Center, our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and International Trademark Laws. All other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Limited license
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the website.
The limited license set forth above does not include the right to: (i) modify or download the website or its contents (except caching or as necessary to view content); (ii) make any use of the website or it’s content other than personal use; (iii) create any derivative work based upon either the website or it’s content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other “hidden text” utilizing our name or the trademarks without our express prior written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. The user may make such temporary copies in a single computer’s RAM and hard drive as is necessary to browse the Website, and that the user may produce one permanent printout of each page of the Website (unmodified in form, with a copy of this Terms of Use Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of Advanced Plastic Facial Surgery Center.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our website (i) must be a text-only link clearly marked Advanced Plastic Facial Surgery Center (APFSC), (ii) the link must ‘point’ to the URL www.advancedfacialplastic.com and not to other pages within the Website, (iii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with APFSC’s name and trademarks, (iv) the appearance, position and other aspects of the link may not create the false appearance that an entity other than APFSC is associated with or sponsored by APFSC, (v) the link, when activated by a user, must display this Website full-screen and not within a ‘frame’ on the linked website, (vi) may link to, but not replicate, our content; (vii) may not imply that we are endorsing such website or it’s services or products; (viii) may not misrepresent its relationship with us; (ix) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (x) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (xi) may not use any trademark without express prior written permission; and (xii) may not link to any page of the website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link. (xiii) APFSC reserves the right to revoke its consent to any link at any time at its sole discretion by amending this Terms of Use Agreement.
Any unauthorized use by you of the website terminates the limited license set forth without prejudice to any other remedy provided by applicable law.
Representations and Warranties; Limitation of Liability
The website is presented “as is.” With the exception of the photo gallery, models are used throughout the website. A patient’s individual result may vary. We make no representations of warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the website, including but not limited to warranties or merchantability, non-infringement or fitness for a particular purpose, unless such representations and warranties are not legally excludable. You agree that we will not be responsible or liable, under any circumstances, for any (i) interruption of business; (ii) access delays or access interruptions to the website; (iii) data non-delivery, mis-delivery, corruption, destruction or other modification; (iv) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (v) computer viruses, system failure or malfunction which may occur in connection with your use of the website, including during hyperlink to and from third party websites; or (vi) events beyond our reasonable control. Further to the maximum extent permitted by law we will not be liable for any indirect, special, incidental or consequential damages of any kind (including lost profits) related to the website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
Indemnification
You agree that you will hold harmless AFPSC and its shareholders, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will AFPSC or any of the information contributors to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if AFPSC has been advised of the possibility of such damages.
Disputes
With respect to any dispute regarding the website, your rights and obligations and all actions contemplated by these terms of use shall be governed by the laws of Texas, as if the terms of use were a contract wholly entered into and wholly performed within Texas. Any dispute relating in any way to your visit to the website shall be submitted to confidential arbitration in Texas, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms of use & copyright shall be conducted under the rules then prevailing of the American arbitration association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms of use shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
Medical Disclaimer
Medical information or statements made within this site are not intended for use in or as a substitute for the diagnosis or treatment of any health or physical condition or as a substitute for a physician-patient relationship which has been established by an evaluation of a patient. This website does not provide specific medical advice and does not endorse any medical or professional service or services obtained through information provided on this site or any links to or from this site.
This information and advice published or made available through this website is not intended to replace the services of a physician or a health care professional acting under a physician’s supervision, nor does it constitute a doctor-patient relationship. Each individual’s treatment and/or results may vary based upon the circumstances, the patient’s specific situation, and the health care provider’s medical judgment and only after evaluation of the patient’s specific situation, goals, risks, and benefits and other relevant medical factors. Testimonials or statements made by any person(s) within this site are not intended to substitute for this discussion or evaluation or as a guarantee as to outcomes. Unless expressly stated otherwise, photos in the website are models and not actual patients. Photo gallery examples of treatment outcomes in this website are not intended to convey any warranty, either express or implied, as to outcomes, promises, or benefits from treatment. Whether to accept any treatment by a patient should be assessed by the patient as to the risks and benefits of such procedures and only after consultation with a health care professional.
Some links within this website may lead to other websites, including those maintained and operated by third parties. These links are included solely as a convenience to you, and the presence of such a link does not imply an endorsement or approval of the content of the linked site.
Use of this site constitutes acknowledgement and acceptance of these limitations and disclaimers. Further dissemination of this information in this site is prohibited without express written approval from the owner of this website, Benjamin Bassichis, M.D. and/or Advanced Facial Plastic Surgery Center.
General
You acknowledge and agree that these terms of use, together with our privacy statement, constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these terms of use at any time by posting the changes on the website. Any changes are effective immediately
upon posting to the website. Your continued use of the website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these terms of use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.
Nothing contained in these terms of use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these terms shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these terms of use & copyright unenforceable or invalid as a whole.
We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these terms of use, please contact us by e-mail at: email hidden; JavaScript is required.
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