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Terms of Use

 
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Please read carefully as this contract limits our liability.

Thank you for visiting CoastalPlasticSugeons.com.

By using our web site (the “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 words “Site,” “Coastal,” “us,” “we” or “our” refers to the business unit of Munish K. Batra, M.D., a California Professional Corporation, that is CoastalPlasticSugeons.com. The term “you” refers to the user or viewer of our Web Site.

1 – Acceptance of Agreement.

You agree to the terms and conditions set forth 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 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 version of the Agreement will be posted on the Site. You are required to truthfully state you have reviewed this Agreement prior to using the Site.

2 – Copyright.

The valuable images, data, content, organization, programming, 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 Section 3 below, is strictly prohibited. You do not acquire ownership rights to any article, 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 may be the copyrighted work of third parties.

3 – Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license

  1. to access and use the Site solely in accordance with this Agreement;
  2. to use the Site solely for internal, personal, non-commercial purposes; and
  3. to print out discrete information from the Site solely for internal, personal, non-commercial purposes 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.

4 – Restrictions and Prohibitions on Use.

Your license for access and use of the Site and any text, data, information, materials, documents, layouts, and other work products (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use. You may not:

  1. copy, print (except for the express limited purpose permitted by Section 3 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, Materials, and other Work Product retrieved therefrom;
  2. use the Site or any materials obtained from the Site to develop, even as a component, 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, including distribution without economic gain;
  3. create compilations or derivative works of any Content, Materials, and other Work Product from the Site including but not limited to layout, presentation, cascading style sheets, graphic user interface, copyright, and other trade dress intellectual property;
  4. use any Content, Materials, and other Work Product 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;
  5. remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site;
  6. make any portion of the Site available elsewhere through any Internet-based method, durable storage media, timesharing system, service bureau, or any other technology now existing or developed in the future;
  7. remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
  8. use any automatic or manual process to harvest information from the Site;
  9. use the Site for the purpose of gathering information for or transmitting
    • unsolicited commercial email;
    • email that makes use of modified headers, invalid or nonexistent domain names, or other means of deceptive addressing; and
    • unsolicited telephone calls or facsimile transmissions;
  10. use the Site in a manner that violates any state or federal United States or international law regulating email, facsimile transmissions, or telephone solicitations; and
  11. 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.

5 – Linking to the Site.

You may provide links to the Site, provided

  1. that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Site,
  2. your Site does not engage in illegal, gambling, or pornographic activities, including promotion or advertisement of those activites, and
  3. you discontinue providing links to the Site immediately upon request by us.

6 – 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 third party content. 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.

7 – 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, IP addresses, and traffic information.

8 – Indemnification.

You agree to indemnify, defend and hold us and our partners, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.

9 – 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 SITE MAY CONTAIN SOFTWARE BUGS, ERRORS, MISCALCULATIONS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN SECTION 10(b). 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 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, INCLUDING BUT NOT LIMITED TO A MEDICAL DOCTOR-PATIENT RELATIONSHIP.

10 – Limitation of Liability

  1. 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
    1. any errors in or omissions from the Site or information obtained,
    2. the unavailability or interruption of the Site or any features thereof,
    3. your use of the Site,
    4. the content contained on the Site, or
    5. any delay or failure in performance beyond the control of an Affiliated Party.
  2. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE 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.

11 – Use of Information/Privacy Policy.

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 (the “Privacy Policy”). Our Privacy Policy is hereby incorporated by reference as part of this Agreement. You are required to truthfully state you have reviewed this Privacy Policy prior to using the Site. The current Privacy Policy may also be found by link at the bottom of any page on the Site and may change from time to time without specific notice to you.

12 – Links to other Web Sites.

The Site contains links to other Web Sites. We are not responsible for the content, accuracy, or opinions expressed in such Web Sites, and such Web Sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Web Site on our Site does not imply approval or endorsement of the linked Web Site by us, unless explicitly stated. If you decide to leave our Site and access these third-party Sites, you do so at your own risk.

13 – 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 provide our Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to our Copyright Agent attorney who may be contacted via form email under “Legal Counsel” on the Contact page.

14 – 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.

15 – Miscellaneous.

This Agreement shall be treated as though it were executed and performed in San Diego, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws principles). Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 9 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

16 – Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego, California. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees.