Terms of Use Agreement
Welcome to National Academy of Plastic Surgeons. By using our site, you are
agreeing to comply with and be bound by the following terms of use. Please
review the following terms carefully. If you do not agree to these terms, you
should not use this site. The term “National Academy of Plastic Surgeons” or
“us” or “we” or “our” refers to National Academy of Plastic Surgeons, the owner
of the website. The term “you” refers to the user or viewer of our website. The
content of the pages of this website is for your general information and use
only. It is subject to change without notice. If you disagree with any part of
these terms and conditions, please do not use our website.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement
(“Agreement”) with respect to our site (the “Site”). This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific notice to you. The
latest Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
Copyright
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed by Limited License Permitted Use stated
below, is strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of any right
in such information and materials. Some of the content on the site is the
copyrighted work of third parties.
Service Marks
“NationalAcademyofPlasticSurgeons.com” and others are our service marks or
registered service marks or trademarks. Other product and company names
mentioned on the Site may be trademarks of their respective owners.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to
access and use the Site strictly in accordance with this Agreement; (b) to use
the Site solely for internal, personal, non-commercial purposes; and (c) to
print out discrete information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all copyright and other
policies contained therein. No print out or electronic version of any part of
the Site or its contents may be used by you in any litigation or arbitration
matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information, materials or
documents (collectively defined as “Content and Materials”) therein are subject
to the following restrictions and prohibitions on use: You may not (a) copy,
print (except for the express limited purpose permitted above), republish,
display, distribute, transmit, sell, rent, lease, loan or otherwise make
available in any form or by any means all or any portion of the Site or any
Content and Materials retrieved therefrom; (b) use the Site or any materials
obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar resource
(in any media now existing or hereafter developed), that is offered for
commercial distribution of any kind, including through sale, license, lease,
rental, subscription, or any other commercial distribution mechanism; (c)
create compilations or derivative works of any Content and Materials from the
Site; (d) use any Content and Materials from the Site in any manner that may
infringe any copyright, intellectual property right, proprietary right, or
property right of us or any third parties; (e) remove, change or obscure any
copyright notice or other proprietary notice or terms of use contained in the
Site; (f) make any portion of the Site available through any timesharing
system, service bureau, the Internet or any other technology now existing or developed
in the future; (g) remove, decompile, disassemble or reverse engineer any Site
software or use any network monitoring or discovery software to determine the
Site architecture; (h) use any automatic or manual process to harvest
information from the Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial email; (2) email
that makes use of headers, invalid or nonexistent domain names, or other means
of deceptive addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that violates any state or federal
law regulating email, facsimile transmissions or telephone solicitations; and
(k) export or re-export the Site or any portion thereof, or any software available
on or through the Site, in violation of the export control laws or regulations
of the United States.
Forms, Agreements and Documents
We may make available through the Site or through other websites sample and
actual forms, checklists and business documents (collectively, “Documents”).
All Documents are provided on a non-exclusive license basis only for your
personal one-time use for non-commercial purposes, without any right to
re-license, sublicense, distribute, assign or transfer such license. Documents
are provided for a charge and without any representations or warranties,
express or implied, as to their suitability, legal effect, completeness,
currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS
IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE
DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You should consult
with legal counsel to determine the appropriate legal or business documents
necessary for your particular transactions, as the Documents are only samples
and may not be applicable to a particular situation.
No Legal Advice or Attorney-Client Relationship
Contents are for educational and entertainment purposes, and should not be
considered as the rendering of legal advice for any matter whatsoever.
Information contained on or made available through the Site is not intended to
and does not constitute legal advice, recommendations, mediation or counseling
under any circumstance and no attorney-client relationship is formed. We do not
warrant or guarantee the accurateness, completeness, adequacy or currency of
the information contained in or linked to the Site. Your use of information on
the Site or materials linked to the Site is entirely at your own risk. We are
not a law firm and the Site is not a lawyer referral service.
Linking to the Site
You may provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright notice, or
other notices on the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue providing links to the Site
immediately upon request by us.
Advertisers
The Site may contain advertising and sponsorships. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on the Site is
accurate and complies with applicable laws. We are not responsible for the
illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s
materials.
Registration
Certain sections of, or offerings from, the Site may require you to register.
If registration is requested, you agree to provide us with accurate, complete
registration information. Your registration must be done using your real name
and accurate information. By registering, or purchasing a book, you are opting
in to National Academy of Plastic Surgeons’s free practice tips newsletter and
occasional emails with news and offers. Each registration is for your personal
use only and not on behalf of any other person or entity. We do not permit (a)
any other person using the registered sections under your name; or (b) access
through a single name being made available to multiple users on a network. You
are responsible for preventing such unauthorized use.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected. We do
not represent or warrant that the information available on or through the Site
will be correct, accurate, timely or otherwise reliable. We may make changes to
the features, functionality or content of the Site at any time. We reserve the
right in our sole discretion to edit or delete any documents, information or
other content appearing on the Site.
Third-Party Content
Third-party content may appear on the Site or may be accessible via links from
the Site. We are not responsible for and assume no liability for any mistakes,
misstatements of law, defamation, omissions, falsehood, obscenity, pornography
or profanity in the statements, opinions, representations or any other form of
content on the Site. You understand that the information and opinions in the
third party content represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not limited
to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or
appropriate to such persons or entities relating to your profile, email
addresses, usage history, posted materials, IP addresses and traffic
information.
Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, attorneys, advertisers, product and
service providers, and affiliates (collectively, “Affiliated Parties”) harmless
from any liability, loss, claim and expense, including reasonable attorney’s
fees, related to your violation of this Agreement or use of the Site.
Nontransferable
Your right to use the Site is not transferable or assignable. Any password or
right given to you to obtain information or documents is not transferable or
assignable.
Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
“AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND
LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS
AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury,
claim, liability, or damage of any kind resulting in any way from (a) any
errors in or omissions from the Site or any services or products obtainable
therefrom, (b) the unavailability or interruption of the Site or any features
thereof, (c) your use of the Site, (d) the content contained on the Site, or
(e) any delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH
ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED
$100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE
AGAINST US AND ANY AFFILIATED PARTY.
Use of Information
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in
any manner consistent with our Privacy Policy. All remarks, suggestions, ideas,
graphics, or other information communicated by you to us (collectively, a
“Submission”) will forever be our property. We will not be required to treat
any Submission as confidential, and will not be liable for any ideas (including
without limitation, product, service or advertising ideas) and will not incur
any liability as a result of any similarities that may appear in our future
products, services or operations. Without limitation, we will have exclusive
ownership of all present and future existing rights to the Submission of every
kind and nature everywhere. We will be entitled to use the Submission for any
commercial or other purpose whatsoever, without compensation to you or any
other person sending the Submission. You acknowledge that you are responsible
for whatever material you submit, and you, not us, have full responsibility for
the message, including its legality, reliability, appropriateness, originality,
and copyright.
Third-Party Services
We may allow access to or advertise certain third-party product or service
providers (“Merchants”) from which you may purchase certain goods or services.
You understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party to
the transactions entered into between you and Merchants. You agree that use of
or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR
ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant sites. We are not responsible
for information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this
Agreement.
Payments
You represent and warrant that if you are purchasing something from us or from
Merchants that (i) any credit information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit card company, and (iii)
you will pay the charges incurred by you at the posted prices, including any
applicable taxes.
Links to other Websites
The Site contains links to other websites. We are not responsible for the
content, accuracy or opinions express in such sites, and such sites are not
investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked site on our Site does not imply approval or endorsement
of the linked site by us. If you decide to leave our Site and access these
third-party sites, you do so at your own risk.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact us at info@nationalacademyofplasticsurgeons.com,
Information and Press Releases
The Site contains information and press releases about us. We disclaim any duty
or obligation to update this information or any press releases. Information
about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
Legal Compliance
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and the
Content and Materials provided therein.