THE FOLLOWING DESCRIBES THE TERMS ON WHICH MyPlasticSurgeon.org (hereafter referred to as “Company”) offers you (hereafter referred to as “Member”) a membership. If you do not agree to be bound by the terms and conditions of this Agreement, you may not be a member.
1. ACCEPTANCE OF TERMS
Company offers its service to Member, subject to this Agreement, which may be changed from time to time without any notice to Member.
2. Membership Eligibility
Services are available only to, and may only be used by Plastic Surgeons or Plastic Surgery centers If you are registering a law firm, you represent that you have the authority to bind the entity to this Agreement.
3. DESCRIPTION OF SERVICE
Upon completion of registration and payment of applicable fees, Company and Member create a profile (“Profile”) of the Member to be placed on the Website for viewing by the general public visiting the Website, describing services offered by Member. The profile is displayed when a user searches the site under relevant criteria. Member grant the company a royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, publish derivative works from and distribute such materials or incorporate such materials into any form. The final decision on the content of a Profile is with the Company. Company may prohibit Member from displaying certain info or linking to certain sites.
At times, a user may fill out a form (the person who has filled out the form on the Website and seeks a the services of the Member is hereafter referred to as “Lead”.) which information is offered to a Member free of charge. A lead may be offered to more than one Member. Company does not guarantee any lead will be offered a Member.
As part of the service, Company establishes a link from Website, specifically from Member’s Profile, to Members website ("Destination Website").
3. MEMBER’S REPRESENTATIONS & OBLIGATIONS
Member represents and warrants that (i) it has full power and authority to accept this Agreement and to perform its obligations; (ii) the person who has executed this Agreement on its behalf is duly authorized to do so; (iii) all of the information provided by Member to Company regarding, among other things, its location(s), business and operations is true, correct and complete.
Company offers several membership Plans as described on the registration page at www.myplasticsurgeon.org/register.aspx.
5. Renewal of Membership
Membership will be renewed at the end of the membership period upon payment of the then applicable membership fees.
Company agrees not to sell Members information such as emails, company name, address, phone or fax numbers. Company may and Member hereby expressly agrees to be contacted by company via phone, fax, US mail for customer service issues or to make promotional offers.
7. PASSWORD AND SECURITY
Member receives a username and password upon registration. Member is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under password or account.
8. MEMBER CONDUCT
Member realizes that Company and its designees shall have the right, but not the obligation, in their sole discretion to pre-screen, refuse or move any Content that is posted on Member’s profile. Member acknowledges, consents and agrees that Company may access, preserve and disclose Member’s account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the AGREEMENT; (c) respond to claims that any content violates the rights of third-parties; (d) respond to Member’s requests for customer service; or (e) protect the rights, property or personal safety of Company, its users and the public.
Member’s agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, agents, other partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, a user, or a Lead, due to or arising out of services Member provides to a third party who retained the Member by virtue of finding a listing of the law firm on Website.
Company may terminate an account for cause, for violation of the terms of this Agreement.
Member agrees that Company may, without any reason and without prior notice, terminate Member’s Membership. Cause for such action include, but is not limited to (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by Member (self-initiated Membership Termination) or (d) frequent complaints by general public who use Member’s services.
If company terminate an account for cause, Company will not refund any fees paid by the Member.
Company may also terminate Member's account at any time without cause or notice. When Company terminates an account with no cause, Company will refund fees paid by the Member as follows:
Member will be refunded the membership fee on a prorated bases.
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT:
MEMBER’S USE OF THE SERVICE IS MEMBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET MEMBER’S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) MEMBER WILL RECEIVE ANY LEAD(S) FROM THE WEBSITE OR (iv) THE QUALITY OF LEADS MEMBER OBTAINS THROUGH THE WEBITE WILL MEET MEMBER’S EXPECTATIONS.
Member understands that Company may display Google Adwords and other advertising links within the site, including Member's profile. Member understands Company generates additional revenue for placement of such links.
12. LIMITATION OF LIABILITY
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE TO MEMBER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM INABILITY TO RECEIVE LEADS FROM WEBSITE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO MEMBER.
14. NO THIRD PARTY BENEFICIARIES
Member agrees that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Member and Company may provide notices to each other via email, regular mail or fax. Notice is presumed received when acknowledged by the recipient, or when sent by verified mail.
16. TRADEMARK INFORMATION
MyPlasticSurgeon.org is a Service Mark of Company.
17. GENERAL INFORMATION
are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Entire Agreement: This Membership Agreement constitutes the entire agreement between Member and Company, superseding any prior agreements between Member and Company.
Choice of Law and Forum: This Agreement and the relationship between Company and Member shall be governed by the laws of the State of California without regard to its conflict of law provisions. Company may bring suit to enforce its rights under this Agreement at Superior Court of the State of California, County of Ventura or County of Los Angeles. Member may enforce its rights under this Agreement at the Superior Court of the State of California, County of Los Angeles, or County of Ventura.
Waiver and Severability of Terms: The failure of Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
No Right of Survivorship and Non-Transferability: Member agrees that an account at Company is non-transferable unless Company approves such transfer, which shall not be unreasonably withheld.
Statute of Limitations: Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles: The section titles in this Agreement are for convenience only and have no legal or contractual effect.
End of Membership Agreement.