The following Terms of Service is a legal contract between you, an individual customer, member, or user (“You”), and Plastic Surgery In Motion, LLC regarding your use of this Site, all information contained on this Site, and the Plastic Surgery in Motion™ products, which include all video templates, soundtracks, and protocol instructions, accessed, downloaded, or purchased from this Site (collectively, the “Products”).
I. CONDITIONS OF USE
a. Intellectual Property. The Products, and the information they contain, are the property of Plastic Surgery In Motion, LLC and are protected by United States copyright, trade dress, trade secret, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. “Plastic Surgery in Motion” is a registered trademark of Plastic Surgery In Motion, LLC in the United States. Other than the license(s) expressly granted herein, use of this Site, the Products, and the information they contain, or the purchase of the Products, do not grant a license of any intellectual property rights, whether by estoppel, by implication, or otherwise.
b. Acceptance of Terms of Service. By using or visiting this Site or any of the complimentary Products and related information available on this Site, you signify your agreement to these terms and conditions. If you do not agree to any of these terms and conditions, please do not use this Site or the information contained therein.
c. Modification of the Terms. Plastic Surgery In Motion, LLC reserves the right, at his discretion, to change, modify, add, or remove portions of the Terms of Service at any time. Please check the Terms of Service periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. Disputes arising under these Terms of Service will be resolved in accordance with the version of the Terms of Service in place at the time the dispute arose.
d. License Agreement
i. Authorized Use. Plastic Surgery In Motion, LLC grants you a non-transferable, non-exclusive license to use the Products, solely for internal, non-commercial use by your business or for your own personal use. The Products shall be used for your personal or internal business (which includes civic or charitable) patient record keeping and education purposes, in compliance with all applicable federal, state and local patient privacy laws and regulations, including, but not limited to The Health Insurance Portability and Accountability Act of 1996 (HIPAA). Patient record keeping and education purposes use may include use for office personnel and plastic surgery trainee education, such as seminars, journal publications, and professional consultations.
ii. License Restrictions. The Products may not be used, distributed or otherwise exploited for any commercial advantage or private monetary compensation unless otherwise agreed in writing by Plastic Surgery In Motion, LLC. You may not copy, reproduce, reverse engineer, translate, distribute, edit, publish, adapt, port, modify, make derivative works from, or otherwise make unauthorized use of the Products for any commercial purposes without the express consent of Plastic Surgery In Motion, LLC. You may not rent, disclose, sell, assign, lease, sublicense, market, or transfer the Products or use them in any manner not expressly authorized by this License Agreement without the express consent of Plastic Surgery In Motion, LLC. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Products by reverse engineering, disassembly, decompilation or any other means. You do not receive any, and Plastic Surgery In Motion, LLC retains all, ownership rights in the Products. The Products are copyrighted and may not be copied and used for any commercial purposes, even if modified or merged with other Products. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Products.
iii. Online Acceptance. By clicking the acceptance button provided on this Site, you agree to be legally bound by all of the terms and conditions of this License Agreement. If you do not agree to these provisions or any of the other terms of this License Agreement, do not click the acceptance button.
e. Indemnification. Purchasers of the Products hereby agree to defend, indemnify and hold harmless Plastic Surgery In Motion, LLC, and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents from and against any damages, losses, liabilities, penalties, settlements and expenses (including costs and reasonable attorneys’ fees) in connection with any claim or action that arise from or relates to your use of the Products. You agree to provide Plastic Surgery In Motion, LLC with prompt written notice in the event of any such claims or actions. In addition, you acknowledge and agree that Plastic Surgery In Motion, LLC has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the Conditions of Use, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. If we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Products, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
f. Assignment. These terms and conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Plastic Surgery In Motion, LLC without restriction.
II. LIMITED WARRANTY, LIMITATION OF LIABILITY, APPLICABLE LAW AND DISPUTES
Plastic Surgery In Motion, LLC attempts to be as accurate as possible on this Site. However, Plastic Surgery In Motion, LLC does not warrant that Product descriptions or other content of this Site is error-free.
a. Limited Warranty. PLASTIC SURGERY IN MOTION, LLC WARRANTS THAT PLASTIC SURGERY IN MOTION™ PRODUCTS WILL SUBSTANTIALLY CONFORM TO ITS SPECIFICATIONS FOR A PERIOD OF (90) DAYS FROM THE DATE OF PURCHASE FROM PLASTIC SURGERY IN MOTION, LLC. PLASTIC SURGERY IN MOTION, LLC DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. PLASTIC SURGERY IN MOTION, LLC HEREBY DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PLASTIC SURGERY IN MOTION™ DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PLASTIC SURGERY IN MOTION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY.
b. Limitation of Liability. EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO THE NEGLIGENCE OF PLASTIC SURGERY IN MOTION, LLC, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PLASTIC SURGERY IN MOTION, LLC OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “PLASTIC SURGERY IN MOTION, LLC”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF PLASTIC SURGERY IN MOTION, LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE). THE MAXIMUM AGGREGATE LIABILITY OF PLASTIC SURGERY IN MOTION, LLC TO YOU ARISING IN CONNECTION WITH USE OF THIS SITE OR THE PRODUCTS SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY PLASTIC SURGERY IN MOTION, LLC TO YOU IN THAT 12 MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
PLASTIC SURGERY IN MOTION, LLC SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY APPLICABLE LAWS OR REGULATIONS.
TO THE EXTENT THE LAW PERMITS, YOU RELEASE PLASTIC SURGERY IN MOTION, LLC FROM ANY CLAIMS OR LIABILITY RELATED TO YOUR USE OF THE PRODUCTS. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 AND/OR ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION (TO THE FULL EXTENT SUCH PROVISIONS MAY BE APPLICABLE).
c. Applicable Law and Disputes. By visiting this Site and/or purchasing the Products, you agree that the laws of the state of Maryland, without regard to principles of conflicts of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Plastic Surgery In Motion, LLC or its associates.
Any dispute relating in any way to your use of this Site or the Products you purchase from Plastic Surgery In Motion, LLC shall be submitted to confidential arbitration in the state of Maryland, except that, to the extent you have in any manner violated or threatened to violate Plastic Surgery In Motion, LLC’s intellectual property rights, Plastic Surgery In Motion, LLC may seek injunctive or other appropriate relieve in any state or federal court in the state of Maryland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Last updated January 4, 2014