About Medical Spa MD: Legalhttp://www.medicalspamd.com/info/About Medical Spas Online - Info for doctors practicing nonsurcial cosmetic medical treatments.en-US2010-03-18T08:56:18ZSquarespace Site Server v5.9.2 (http://www.squarespace.com/)Medical Spa MD: Terms of Usehttp://www.medicalspamd.com/info/medical-spa-md-terms-of-use.htmlJeff, Medical Spa MD2009-12-07T05:20:55ZThis Terms of Use Agreement (this “Agreement”) is entered into by and between Medical Spa MD it's owners (the “Author”) and “you,” the user of this web blog, also known as “MedicalSpaMD.com” (the “Site”). Access to, use of and/or browsing of the Site is provided subject to the terms and conditions set forth herein. By accessing, using and/or browsing the Site, you hereby agree to these terms and conditions.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE AUTHOR’S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE SITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE THE SITE.

BY ENTERING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.

MEDICAL ADVICE DISCLAIMER
The Author provides the Site and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Author does not provide any medical advice on the Site, and the Information should not be so construed or used. Using, accessing and/or browsing the Site and/or providing personal or medical information to the Author does not create a physician-patient relationship between you and the Author. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.

FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Author. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.

INFORMATION DISCLAIMER
The opinions expressed in the Site are not necessarily the opinions of the Author and do not necessarily reflect the opinion of his employer(s). The Site is created by the Author in the Author’s individual capacity, is the Author’s personal web site, is not edited by the Author’s employer(s) and, as a result, may not be attributed to the Author’s employer.

Any opinions of the Author on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.

The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Author undertakes no obligation to update any Information on the Site; provided, however, that the Author may update the Information at any time without notice in the Author’s sole and absolute discretion. The Author reserves the right to make alterations or deletions to the Information at any time without notice.

POSTING GUIDELINES
The Site is open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the Author in the form of user generated comments or otherwise, you grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.

You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.

By submitting or posting content on the Site, you grant the Author and any company substantially under the control of the Author, the right to remove any content or comment that, in Author’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Author and any company substantially under the control of Author the right to modify, adapt, and edit any content.

THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER
The Site may, from time to time, contain links to third party web sites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the Author of the services, information, content and/or data on such third party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. The Author is not responsible for the content of linked third party web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND THE AUTHOR MAKES NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.

DISCLAIMER OF ALL WARRANTIES
The Information made available at the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.

Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.

Under no circumstances, as a result of your use of the Site, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the Site for:

1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;

2. any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the Information;

3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or

4. any decision made or action taken or not taken in reliance upon the Information.

RESERVATION OF INTELLECTUAL PROPERTY RIGHTS
The Site is protected by United States copyright laws. The Author hereby reserves any and all intellectual property rights in the Site.

AGE RESTRICTION
The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.

INDEMNIFICATION
You agree to indemnify and hold the Author harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Information contained therein.

INVALIDITY
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS
This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of New Hampshire without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of New Hampshire. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

ENTIRE AGREEMENT
You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the Site and the Information contained therein.

MODIFICATION
The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.

WAIVER
The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.

THE SITE AND THE INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE AUTHOR FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. BY ACCESSING THE SITE, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND THE AUTHOR. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT THE SITE SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED PHYSICIAN IN YOUR STATE.

]]>Medical Spa MD: Legalhttp://www.medicalspamd.com/info/medical-spa-md-legal.htmlJeff, Medical Spa MD2006-07-13T17:14:23ZUnfortunately, due to present-day litigious circumstances, Medical Spa MD needs a formal legal disclaimer . Here it is:

Each and every thought on this blog is our own OPINION. Most comments are made anonymously and should be view with extreme skepticism.

This website is provided on an “As Is” and “As Available” basis. Neither we nor anyone associated with this website make any representations or warranties of any kind, express or implied, with respect to our web site or its Content, including, without limitation, the products, services or information offered or sold on or through our web site or any other web site to which our web site links. Nor do we make any warranties concerning the uninterrupted or error-free use of our web site.

Those who post or comment are responsible for what they say, and all errors, opinions, claims, idiocy, stupid comments, swear words, and humor are their own personal responsibilities and are not moderated or screened. In short, anyone can post to or comment on or opinion here so keep that in mind.

These are our own thoughts and opinions, generated by us, representing our take on things. They - and this blog - are in no way affiliated with any other company that we have any involvement in. If we've made a mistake, it's our fault. If we've said something that makes you laugh, you can usually thank one of the regulars. Of course, you should not rely on anything in the blog as legal, financial, accounting, investment, tax, or any other kind of regulated advice. We are merely dudes trying to have fun with what we do, impart some knowledge, debunk some myths and meet some nice people.

And oh yeah, our co-writers are incorporated herein by reference, which is legalese for "what they say is their own stuff and not affiliated with any of the companies they work for either."

Comments are not moderated although we might find and remove profanity and whatever else might violate our sensibilities. Of course, these points of view belong to the writers and are not necessarily shared by anyone else.

Posting or commenting on this site means you give up all rights to that content and everything associated with it forever and grant all rights to Medical Spa MD for that content to use in any way we deem fit. That's right, you agree that anything and everything you transmit to this site or us personally by posting, sending, emailing it to us, calling on the phone, or any other method of transmission, belongs exclusively to Medical Spa MD and the owners of this site and that you have no claim at all to any of that content in any form... forever. You also agree that Medial Spa MD can distribute, sell, or otherwise use this content for anything we want, at any time, and without asking your permission, giving you notice or anything else, including money.

You also represent that you have the right to send, transmit or post the content that you send and that you are completely repsonsible for that information, content, and remove Medical Spa MD and it's owners and authors from any liability or claim. See below for more on this.

Copyright: Medical Spa MD reserves all rights to all content on this site.

ABOUT CONTENT:

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Medical Spa MD does not control, and is not responsible for Content made available through Medical Spa MD, and that by using the Medical Spa MD, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, Medical Spa MD and Content available through Medical Spa MD may contain links to other websites, which are completely independent of Medical Spa MD. Medical Spa MDmakes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Medical Spa MD be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Medical Spa MD or any of it's communications. You acknowledge that Medical Spa MDdoes not pre-screen or approve Content, but that Medical Spa MD shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available at Medical Spa MD's sole and complete discretion.
 
 

NOTIFICATION OF CLAIMS OF INFRINGEMENT:

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us using the email contact form.

Please provide our us with the following Notice:

  1. Identify the material on the Medical Spa MD site that you claim is infringing, with enough detail so that we may locate it on the website; ( An actual URL is probably needed here.)
  2. 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;
  3. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  4. Your address, telephone number, and email address; and
    e) Your physical or electronic signature. Medical Spa MD will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).

 

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