Welcome to Surgeon’s Advisor, Inc.’s (“Surgeon,” “Company,” “we,” “our” or “us”) website. Surgeon is a Florida corporation and it is the sole owner of the www.surgeonsadvisor.com website (the “Website” or “Site”). By using this Website, you agree to be bound by the terms and conditions for use set forth herein. Please review this page periodically for updates, as your continued use of the Website signifies your acceptance of any changed items.
By checking the box on the contact form, you agree to the Terms of Use listed here:
Communications through our website or via email are not encrypted and are not necessarily secure. Use of the internet or email is for your convenience only, and by using them, you assume the risk of unauthorized use.
By checking this box you hereby agree to hold Surgeons Advisor, its doctors and affiliates, harmless from any hacking or any other unauthorized use of your personal information by outside parties.
Liability of Surgeon’s Advisor
The use of the Surgeon’s Advisor Website and the content is at your own risk. When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Surgeon. Accordingly, Surgeon assumes no liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Surgeon’s Website.
UNDER NO CIRCUMSTANCES WILL SURGEON, ANY THIRD PARTIES MENTIONED ON THE WEBSITE, OR ANY OTHERS INVOLVED IN CREATING THE WEBSITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE WEBSITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS WEBSITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEBSITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED SURGEON IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
Surgeon, or any third parties mentioned on the Website, shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. Any claims arising in connection with your use of the Website must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under this Terms of Use agreement are exclusive and are limited to those expressly provided for in this agreement.
No Medical Advice Is Provided by the Website
The contents of the Website, such as images, text, graphics, data and information obtained from Surgeon’s clients, and other material contained on Surgeon’s Website (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or prior to undergoing a medical or cosmetic procedure. Users should never disregard professional medical advice or delay in seeking it because of something they have read on this Website.
Surgeon does not recommend or endorse any specific tests, physicians, products, procedures, opinions, comments or other information that may be mentioned on the Website. Reliance on any Content provided by Surgeon, its employees, or others who post information on the Website is solely at your own risk. Please be advised the Website may contain health- or medical-related materials that are sexually explicit that some may deem offensive. If you do not want to view such images, please do not use the Website.
Intellectual Property
The Surgeon’s Advisor name, logo, branded seals, and related marks are registered trademarks/design marks of Surgeon. Surgeon’s Website seal and other such marks are trademark(s)/certification mark(s)/service mark(s) of Surgeon. All rights reserved.
Our Website and all of its Content (articles, text, photographs, images, illustrations, graphics, video material, audio material, and software — collectively, the “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and laws of other countries. The Intellectual Property is owned or controlled by Surgeon or the party credited as the provider of the Intellectual Property. Additionally, the Website itself is protected by copyright as a collective work and/or compilation.
No portion of this Website may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Surgeon.
While users are permitted to occasionally download small amounts of Content appearing on the Website for personal use, you must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in the conditions of this Terms of Use agreement, you may not reproduce, or allow others to reproduce, your personal copies of downloaded Content, nor may you make Content available electronically without our express written consent. You may not save or archive a significant portion of Content appearing on the Website, nor may you attempt to alter or modify any posted Content. Except as expressly set forth in this Terms of Use agreement, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our Intellectual Property or the Website itself.
Proper Use of Our Website
You may not use this Website for any purpose that is unlawful or prohibited by this Terms of Use agreement, or cause damage on or through this Website. You promise that none of your communications with or through the Website will violate any applicable local, state, national or international law.
You agree to defend, indemnify and hold Surgeon, its officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website in a manner that violates or is alleged to violate this Terms and Conditions statement or any applicable law.
Disclaimer of Warranty and Release
Surgeon does not guarantee the accuracy of information found on the Website. Your reliance on information found on the Website is at your own risk.
THE WEBSITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS.” SURGEON MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT.
SURGEON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE WEBSITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS WEBSITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
SURGEON’S ADVISOR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Surgeon makes no representations or warranties regarding the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on, or through the use of, Surgeon’s website.
Applicable law may 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 or exclusions may not apply to you. However, in no event shall Surgeon’s aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Website or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
In the event that you have a dispute with Surgeon, you agree to release Surgeon (and our officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Links to Other Websites
Surgeon’s Website may provide links to websites not operated by the Company. We assume no responsibility for third-party websites and/or statements made on third-party websites linked to or from this Website. Such information and statements reflect only the views of their authors and not those of Surgeon. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Surgeon may provide links to third-party websites and select certain sites as priority responses to search terms you enter and we may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.
Surgeon does not endorse any product, service, or treatment advertised on Surgeon’s Website. We are not responsible for the content of linked third-party sites, sites framed within the Website, third-party sites provided as search results, or third-party advertisements, nor do we make any representations regarding their content or accuracy. This remains true even where an employee or agent of the Company is quoted or leaves a comment.
Unless otherwise set forth in a written agreement between you and Surgeon, you may link your website to the home page of our Website, provided that you adhere to the following linking policy: (i) any link to Surgeon’s Website must be a text only link and clearly marked “Surgeon’s Website,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Surgeon’s name, trademarks, and certification marks, (iii) the link must “point” to the URL www.surgeonsadvisor.com and not to other pages within our Website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Surgeon, (v) when selected by a user, the link must display the Surgeon Website on full-screen and not within a “frame” on the linking website, and (vi) Surgeon reserves the right to revoke its consent to the link at any time and in its sole discretion.
Notice and Takedown Procedures
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials, or access thereto, by contacting us and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., the URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Surgeon’s Advisor’s agent for copyright issues relating to the Website is as follows:
Surgeon’s Advisor, Inc.
Attn: General Counsel
1688 Meridian Avenue, Suite 200
Miami Beach, Florida 33139 Or call: 305-763-8011
In an effort to protect the rights of copyright owners, Surgeon’s Advisor maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
User Submissions
Personal information you submit to Surgeon’s Advisor is governed by our Privacy Policy. This Terms of Use agreement shall govern in the event of any inconsistency between the Terms of Use agreement and our Privacy Policy.
By uploading any media (such as photos, videos, articles or audio recordings), you grant to Surgeon’s a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media. By submitting any media, you also certify that any person pictured in the submitted media authorizes Surgeon to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media. Finally, you agree to indemnify Surgeon and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from any media you submit and/or your failure to comply with these the terms described in this document.
You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. By submitting communications or content to the Website, you agree that such submission is non-confidential for all purposes.
You agree that any idea, concept, invention or business information sent to the Website or Surgeon shall be non-confidential for all purposes. You also automatically grant or warrant that the owner of such content or intellectual property has expressly granted to Surgeon a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Surgeon’s Advisor may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any ideas, concepts, inventions or business information private or proprietary, do not submit them to the Website or Surgeon.
You agree to only post or upload media that you have created or taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
You agree not to submit any media that contains personally identifiable information (e.g. name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Surgeon’s Website, you warrant that you have permission from all persons appearing in said media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
Surgeon’s strictly prohibits the uploading of media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with the Terms of Use agreement or our Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Website.
Surgeon reserves the right to review all media prior to submission to the Website and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
Violations and Additional Terms
Surgeon reserves the right to seek all remedies available at law and in equity for violations of this Terms of Use agreement, including suspending or blocking your access to the Website. Please see our Privacy Policy for our policies regarding privacy, which is incorporated herein by reference.
VIOLATING ANY OF THE CONDITIONS OF THE TERMS OF USE AGREEMENT SHALL RESULT IN THE TERMINATION OF YOUR PERMISSION TO USE THE CONTENT OF THE WEBSITE AND YOU MUST IMMEDIATELY DESTROY ANY COPIES YOU HAVE MADE OF ANY PORTION OF THE CONTENT.
No Waiver
No delay or failure by Surgeon to enforce any of these Terms of Use shall constitute a waiver of any of our rights under these terms and conditions. Neither the receipt of any funds by Surgeon nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these terms and conditions. Only a specific, written waiver signed by an authorized representative of Surgeon shall have any legal effect.
Severability
If any clause or provision set forth in this Terms of Use statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Governing Law and Jurisdiction
Any disputes arising under, or related to, the terms and conditions set forth in this Terms of Use, the Company’s Privacy Policy, or this Website will be governed by U.S. federal law and the laws of the State of Florida, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively via binding mediation or arbitration using Florida law. If a dispute is unable to be resolved by mediation or arbitration, the matter shall be heard in a state or federal court located in Miami, Florida, where we maintain our headquarters. You agree to submit to the personal jurisdiction and venue of the courts of the State of Florida for any legal proceeding involving the Website, regardless of who initiated the proceeding.
This English-language Terms of Use statement is Surgeon’s official agreement with users of this Website. In case of any inconsistency between this English-language Terms of Use statement and its translation into another language, this English-language document shall control.
Changes to the Terms of Use Agreement
Surgeon reserves the right, in its sole discretion, to modify, alter, or otherwise change this agreement at any time. We will provide notice of such change on the Website. Please review the Terms of Use and/or Additional Terms periodically for changes. Your continued use of Surgeon’s Website constitutes your acceptance of and agreement to be bound by these changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, you must stop using this Website.
Complete Agreement
The Terms of Use agreement and our Privacy Policy constitute the entire agreement between you and Surgeon’s Advisor with respect to the use of the Surgeon’s Advisor Site and the Content contained therein.
Requests for Additional Information
If you have any questions regarding our Terms of Use agreement, please contact us by using our Contact Form on www.surgeonsadvisor.com, calling our customer service at 305-763-8011, or writing to us at Surgeon’s Advisor, 1688 Meridian Ave #200, Miami Beach, FL 33139.
If your website is like most, it probably has the feel of a brochure. In your case, a brochure advertising cosmetic surgery practices and your services as a plastic surgery. But is this really enough? Is an online brochure sufficient?