1. The Site Does Not Provide Medical Advice
The contents of the LPS Site, such as text, graphics, images, information obtained from LPS’s licensors, and other material contained on the LPS Site (“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. Never disregard professional medical advice or delay in seeking it because of something you have read on the LPS Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. LPS does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by LPS, LPS employees, others appearing on the Site at the invitation of LPS, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
2. Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
3. LIMITED LICENSE:
As a user of the Website, You are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content in accordance with this Agreement. LPS may terminate this license at any time for any reason.
4. PROHIBITED USE:
You may not commercially distribute, publish or exploit the Website, or any Content, code, data or materials of the Website, unless You have received the express written prior permission of LPS or the applicable rights holder. Other than as set forth in Section 1. of this Agreement, You may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any Content, code, data or materials on the Website. If You make other use of the Website, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and You may be liable for such unauthorized use. LPS will enforce its intellectual property rights to the fullest extent of the law.
Password Protected Areas. Access to and use of password protected areas of the Website is restricted to authorized users only. You agree that (i) You will provide current, complete and accurate identification, contact and other information about You as You may be prompted by the registration process on the Website set forth in Section 5.; (ii) You are responsible to maintain, keep current and update any registration data and other information You provide to LPS; (iii) You are entirely responsible for maintaining the security of Your password, identification and account and for any and all activity that occurs under Your account; and (iv) You will notify LPS staff immediately of any unauthorized access or use of Your account or password or any other breach of security. You understand that any person with Your password will be able to access Your account and any registration data. You accept sole risk of unauthorized access to Your account. LPS will not be liable to You for any loss You may incur as a result of someone else using Your password or account with or without Your knowledge. You may be held liable for losses incurred by LPS or any other user or visitor to the Website due to someone else using Your password or account. You may not use anyone else’s account at any time.
You also agree not to use the Website or Online Mediums to: (i) impersonate an employee or a representative of LPS, its divisions and subsidiaries; (ii) misrepresent Your identity or affiliation with a person or entity; (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorized communication; (iv) attempt to gain unauthorized access to any portion or feature of the Website or any other system or networks connected to the Website or any other services offered through the Website, and/or other accounts not belonging to You, or violate security of any portion of the Website, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the Website or Online Mediums through any means; (vi) attempt to interfere with the proper working of the Website or any transaction being conducted on the Website or to restrict or inhibit any other user from accessing or using the Website, by means of hacking or defacing any portion of the Website; (vii) violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally.
5. USER INFORMATION:
6. CONSENT TO RECEIVE E-MAILS:
By using the Website, You consent to receive emails from LPS. Any emails sent that are not associated with an LPS account or service related emails will allow You to opt out of such emails; provided however, You may not opt out of receiving LPS account and service related emails that relate to the provision and management of Your account and service at LPS. To be removed from an LPS account and service related emails, You may delete Your account at Website and discontinue use of the LPS services.
Certain sections of the Website require You to register. If registration is required, You agree to provide accurate and complete information. It is Your responsibility to inform LPS of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. LPS does not permit (i) anyone other than You to use the sections requiring registration by using Your name or password or (ii) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If You believe there has been unauthorized use, You must notify LPS immediately by emailing Legal[at]LebowitzPlasticSurgery.com.
Your completion of the Website’s registration process constitutes your acceptance of this Agreement and the Website’s Terms & Conditions. If you do not agree with the Terms & Conditions of the Website, you are not permitted to access the Website.
8. INTELLECTUAL PROPERTY RIGHTS:
8.1 Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring on You or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright or other intellectual property rights. You agree that the Content and Website are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
8.2 The Website contains collaborative areas which includes, without limitation, any blogs, online reviews, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features (the “Collaborative Areas”). You grant LPS an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any information, ideas, expression of ideas, concepts, demos, systems, designs, plans, techniques, text, graphics, messages, blogs, links, data, information and other materials You submit (collectively, “Submitted Materials”) to the Website. Said license is without restrictions of any kind and without any payment due from LPS to You or permission or notification, to You or any third party. The license includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Submitted Materials in any form, medium, or technology now known or hereafter developed.
8.4 By submitting or sending Submitted Materials to us, unless we agree otherwise specifically in writing, (i) You represent and warrant that the Submitted Materials are original to You, that no other party has any rights to such Submitted Materials (in whole or in part), and that any “moral rights” in Submitted Materials have been waived, and (ii) You grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that You provide to us, and we may delete or destroy any such Submitted Materials at any time.
8.5. You acknowledge and agree that Your Submitted Materials to this Website does not create any new or alter any existing relationship between You and LPS.
8.6. If You have submitted a photo to Your profile on the Website You agree that submitted photo may be included in the Collaborative Areas, including with Your Submitted Materials. If You have not submitted a photo then LPS may, but is not obligated to, display a stock photo or legal image with Your Submitted Materials. You hereby consent to the use of such stock photos or images in the Collaborative Areas.
8.7. By submitting Submitted Materials to this Website, You acknowledge and agree that LPS may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Submitted Materials You submit. You agree that You shall have no recourse against LPS for any alleged or actual infringement or misappropriation of any proprietary or other right in the Submitted Materials You provide to LPS.
9. SUBMITTED MATERIALS WITHIN COLLABORATIVE AREAS OF THE WEBSITE:
9.1. Submitted Materials to be Lawful. If You participate in Collaborative Areas on the Website, You shall not post, publish, upload or distribute any Submitted Materials which are unlawful or abusive in any way, including, but not limited to, any Submitted Materials that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. LPS may delete Your Submitted Materials at any time for any reason without permission from You.
9.2. Submitted Materials to be in Your Name. Your Submitted Materials shall be accompanied by Your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for Your participation in any of the Collaborative Areas allows You to create a screen name, You may also select and use an appropriate screen name that is not Your real name, provided that You use Your real name when registering for participation in the Collaborative Area and attorneys agree their real name may always be posted. Participants in Collaborative Areas shall not misrepresent their identity or their affiliation with any person or entity.
9.3. Submitted Materials shall not contain protected health information. You are strictly prohibited from submitting Submitted Materials that are considered protected health information under the Health Accountability and Portability Protection Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH).
9.4. No Monitoring of Submitted Materials. LPS has no obligation to monitor or screen Submitted Materials and is not responsible for the Content in such Submitted Materials or any Content linked to or from such Submitted Materials. LPS however reserves the right, in its sole discretion, to monitor Collaborative Areas, screen Submitted Materials, edit Submitted Materials, cause Submitted Materials not to be posted, published, uploaded or distributed, and remove Submitted Materials, at any time and for any reason or no reason.
9.5. Non-Commercial Use only of Collaborative Areas. Collaborative Areas are provided solely for Your personal use. Any unauthorized use of the Collaborative Areas of this Website, its Content, or Submitted Materials is expressly prohibited.
It is important to note that comments, materials and information submitted to a public forum or online community may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time and You nor LPS have control over who will read, view or access them eventually. Therefore, You should not disclose any sensitive, personal, proprietary or confidential information, about Yourself or others, in Your comments or other submissions to our public forums or other online communities.
10. ERRORS AND CORRECTIONS:
LPS reserves the right (but have no obligation) to monitor or review all materials posted or submitted to the Website or through the Website’s services or features by users (including, for example and without limitation, our blog(s)), and we are not responsible for any such materials posted by users. However, we may disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post, delete or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Agreement, our policies or applicable law.
11. PROHIBITED USER CONTENT:
You agree that, while using the Website and the Website’s various services and features, You will not: (i) impersonate any person or entity, whether actual or fictitious, or misrepresent Your affiliation with any person or entity, including without limitation, anyone from LPS or the Website; (ii) insert Your own or a third party’s advertising, branding or other promotional Content into any of the Website’s Content, materials or services (for example, without limitation, in an RSS feed or a podcast received from LPS or otherwise through the Website), or use, redistribute, republish or exploit such Content or service for any further commercial or promotional purposes; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information; (iv) engage in any automatic means of accessing, logging-in or registering on the Website or for any of the Website’s services or features, or obtaining lists of users or obtaining or accessing other information, services or features on, from or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (v) use the Website or the Website’s services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (vi) use the Website or the Website’s services or features in violation of LPS’s or any third party’s intellectual property or other proprietary or legal rights; (vii) use the Website or the Website’s services in violation of any applicable law; attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, make unauthorized use of, or otherwise alter or interfere with the Website or the Website’s services, or any Content on the Website or the Website’s services; (viii) or obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
12. NO SOLICITATION:
You shall not distribute on or through the Website any Submitted Materials containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of LPS. Notwithstanding the foregoing, in any collaborative areas of the Website, where appropriate You (i) may list along with Your name, address and email address, Your own web site’s URL and (ii) may recommend third party web sites, goods or services so long as You have no financial interest in and receive no direct or indirect benefit from such recommended web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from the Website.
13. LINKING TO THE WEBSITE:
We greatly appreciate Your efforts in letting Your colleagues, friends and family know about the Website. You may link to the Website by using a text link and linking to the Website homepage. Linking directly to any other webpage or Content within the Website is strictly prohibited without LPS’s prior written permission. LPS only consents to links in which the link and the pages that are activated by the link do not: (i) duplicate any Website Content; (ii) frame or create any other border around the Website Content or any pages on the Website or use other techniques that alter in any way the visual presentation or appearance of any Content within the Website; (iii) misrepresent Your relationship with LPS and/or the Website or otherwise create a false affiliation, connection or association with LPS and/or the Website; (iv) imply that LPS and/or the Website approves or endorses You, Your website, or Your services or product offerings; (v) present false or misleading impression about LPS and/or the Website or otherwise damage the goodwill associated with the Marks; (v) use the Marks in page text, meta tags and/or hidden text for purpose of gaining higher rankings from search engines; or (vi) utilize LPS and/or the Website’s name, Mark logos or any other brand features. As a further condition to being permitted to link to the Website, You agree that LPS may at any time, in its sole discretion, terminate permission to link to the Website. In such event, You agree to immediately remove all links to the Website and to cease using any Marks. LPS reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the Content available on any other website reached by links to or from the Website. Except for the link logos as provided by LPS, You may not use the Marks or any other brand feature to link to the Website.
The Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. LPS will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
15. THIRD PARTY WEBSITES:
The Website may contain links and references to websites and resources not controlled by LPS (“Linked Websites”) and are provided for convenience only. If You decide to navigate away from the Website and access Linked Websites, You do so at Your own risk and LPS will have no liability arising out of or related to such Linked Websites and/or their Content or any damages or loss caused or alleged to be caused by or in connection of any purchase or use of any such Content, goods or services available on or through any such Linked Website. LPS has not reviewed the Linked Websites and is not responsible for the Content, accuracy or opinions expressed on such Linked Websites. Inclusion of these links on our Websites does not imply approval or endorsement by LPS of the Linked Websites, their entities or products and services. You understand that the Linked Websites, even if they contain the Marks, are independent websites, and LPS does not control the Content on Linked Websites. Additionally, LPS is not a party to or responsible for any transaction You may enter into with any such third party, even if You learn of such third party from the Website, by way of reference or link provided on the Website.
The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the Website are either: common-law service marks, trademarks or registered service marks or trademarks of LPS or its subsidiaries and are protected by trademark laws in the United States and other countries, and international laws and treaties. Other names of actual companies and products mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with LPS. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the Website. You are not permitted to use any Marks displayed on the Website, metatags or any other “hidden text” utilizing Marks of LPS and its Licensors, without prior written permission of LPS or such third party who may own such Mark.
17. COPYRIGHT AGENT:
LPS respects the intellectual property rights of others and require that the people who use the Website do the same. LPS reserves the right to remove any Content that allegedly infringes another person’s copyright. LPS will terminate in appropriate circumstances, registered users’ and account holders of LPS’s system or network who are repeat infringers of another person’s copyright. If You believe that Your work has been copied in a way that constitutes copyright infringement, please forward the following information to Legal[at]LebowitzPlasticSurgery.com.
You may also Submit your Complaint via our Copyright Infringement Complaint Form, click here.
18. ASSUMPTION OF RISK:
You assume all liability for any claims, suits or grievances filed against You, including all damages related to Your participation in any of the Collaborative Areas.
LPS follows different policies for each of its services. Kindly refer to respective agreements for more details and our cancellation policy.
You may terminate Your account and access to the Website and services by submitting such termination request to LPS via the “Contact” page on the Website.
You agree that LPS may, without prior notice, immediately terminate, limit Your access to or suspend Your account with the Website and access to any services offered on the Website. Cause for such termination, limitation of access or suspension shall include, but not be limited to: (i) breaches or violations of this Agreement or other incorporated agreements or guidelines; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to services (or any part thereof); (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; (vi) engagement by You in fraudulent or illegal activities; and/or (vii) nonpayment of any fees owed by You in connection with services. Further, You agree that all terminations, limitations of access and suspensions for cause shall be made in LPS’s sole discretion and that LPS shall not be liable to You or any third party for any termination of Your account or access to services.
Termination of Your account includes any or all of the following: (i) removal of access to all or part of the Website; (ii) deletion of Your password and all related information, files and Content associated with or inside Your account (or any part thereof); (iii) barring of further use of all or part of the Website; and (iv) blocking access from a particular internet address to the Website and any other LPS web sites.
21. ADDITIONAL TERMS AND CONDITIONS:
Your Purchase of products and/or services and products and/or services Availability. Specific terms and conditions apply to Your purchase of products and/or services from LPS and to specific portions or features of the Website. LPS’s obligations with regards to its products and/or services offered on the Website are governed solely by such terms and conditions and nothing contained on the Website or in this Agreement shall be construed to alter specific terms and conditions. Parts of the Website with respect to Content may be outdated and LPS makes no commitment to update such material. Not all products and/or services mentioned on the Website will be available in Your country and such references do not imply that LPS will make available such services in Your country.
Promotions. The Website may contain or offer sweepstakes, contests, promotions or other similar features, which may be subject to a separate set of rules that describe the contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is Your responsibility to read those rules to determine whether or not Your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.
22. DISCLAIMER OF WARRANTIES:
THE WEBSITE AND ITS SERVICES, CONTENT, FUNCTIONS, THE COLLABORATIVE AREAS AND SUBMITTED MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION ON THE WEBSITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THROUGH OUR BLOG(S) AND PAGE(S) SHALL CREATE ANY WARRANTY. LPS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT, SUBMITTED MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH LPS OR ITS AGENTS.
23. LIMITATION OF LIABILITY:
You agree to indemnify, defend and hold LPS, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representative and LPS Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) Your use of and access to the Website, Online Mediums and Content; (ii) Content You submit, post, transmit or otherwise make available via the Website and Online Mediums; (iii) Your violation of this Agreement or any other specific terms and conditions associated with or posted on the Website. This indemnification obligation will survive the termination of Your account or this Agreement.
25. GOVERNING LAW AND JURISDICTION:
27. Severability of Provisions:
28. CLOSING AND CHANGES TO OUR TERMS OF SERVICE:
LPS has the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without Your consent. You do not have the right to assign or transfer this Agreement or any rights thereunder to any other person or entity without LPS’s prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.
© Copyright 2014 LebowitzPlasticSurgery.com.
Last Updated October 1, 2014