Term of Service

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SEACLIFF TECHNICAL ASSOCIATES, INC., d/b/a COSMETICSURGEONS.CO. YOU SHOULD CAREFULLY READ THIS AGREEMENT, AND THE COSMETICSURGEONS.CO PRIVACY POLICY (the “Privacy Policy”), WHICH IS INCORPORATED INTO, A PART OF, AND GOVERNED BY THIS AGREEMENT. COSMETICSURGEONS.CO PROVIDES AN ONLINE INFORMATION, PHOTOGRAPHIC MORPHING, AND COMMUNICATIONS SERVICE, SUBJECT TO YOUR AGREEMENT TO ALL OF THESE TERMS AND CONDITIONS. THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICES AVAILABLE ON THE COSMETICSURGEONS.CO WEBSITE (TOGETHER WITH ASSOCIATED AND SUCCESSOR WEBSITES AND SERVICES, THE “SITE”) WHICH IS ACCESSED THROUGH FACEBOOK OR DIRECTLY ON COSMETICSURGEONS.CO (COLLECTIVELY WITH THE SITE, THE “SERVICE”). BY USING OR ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, OR YOU ARE BELOW THE AGE OF 18, YOU ARE NOT PERMITTED TO USE THE SERVICE.

1. Changes to this Agreement. CosmeticSurgeons.CO reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy, which is incorporated into, a part of, and governed by this Agreement) at any time, effective with or without prior notice; provided, however, that CosmeticSurgeons.CO will provide you with notification of any material changes by email, postal mail, website posting, pop-up screen, or in-service notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Service. Your continued use of the Service following any revision to this Agreement constitutes your acceptance of any and all such changes.

2. No Medical Advice and No Endorsement. The Service and the entire contents of the Service (including without limitation, material on the Service’s blogs, member communities, and learning center and material created via the Service) (the “Content”) is provided for informational purposes only. CosmeticSurgeons.CO DOES NOT PROVIDE MEDICAL ADVICE NOR DOES THE SERVICE CONSTITUTE THE PRACTICE OF MEDICINE, NURSING, OR ANY OTHER HEALTH CARE PROFESSION. COSMETICSURGEONS.CO DOES NOT DIAGNOSE, PRESCRIBE MEDICATION, TREAT, OR GIVE ORDERS NOR DOES COSMETICSURGEONS.CO HAVE ULTIMATE AUTHORITY OVER YOUR CARE. Any information provided to you by CosmeticSurgeons.CO as a result of your participation in the Service is being provided to you solely for your educational and informational benefit and should not be considered medical advice, diagnosis, treatment or a substitute for professional medical advice. Your participation is voluntary and you understand and agree that any information communicated to you as a result of your participation hereunder is not intended to be, nor implied to be, and you will not use it as, a substitute for professional medical advice, diagnosis or treatment. The Service is intended to provide information and does not broker any surgery or cosmetic procedure for you. CosmeticSurgeons.CO is not and shall not be considered a healthcare provider. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. SHOULD ANY UNEXPECTED MEDICAL EVENT OCCUR WHILE YOU ARE USING OR ACCESSING THE SERVICE HEREUNDER, IMMEDIATELY CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER OR IMMEDIATELY PROCEED TO YOUR LOCAL EMERGENCY ROOM. Reliance on the Service or the Content is at your own risk. CosmeticSurgeons.CO does not recommend, endorse, or warranty any test(s), care, treatment(s), procedure(s), medication(s), physician(s), products, opinions, or other information that may be referenced on or through the Service. Use of the Service does not establish a doctor-patient relationship. CosmeticSurgeons.CO encourages that you share any information generated by use of the Service with your treating health care provider.

3. Sexually Explicit Materials. The Service may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, do not use the Service.

4. Access to the Service.

4.1. Subject to your acceptance of and compliance with this Agreement, CosmeticSurgeons.CO grants to you a non-exclusive, non-transferable, revocable limited license to use the Service for your personal non-commercial, private use. You agree not to use the Service for any commercial purposes, or to download, save, copy, transmit or distribute the Content except as specifically allowed in this Agreement. Without limitation of the foregoing, organizations, companies, and/or businesses may not become members and may not use the Service for any purpose.

4.2. CosmeticSurgeons.CO may change, modify, suspend, or discontinue any aspect of the Service at any time. CosmeticSurgeons.CO may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any application-, tool- or content-specific rules published within the Service.

4.3. You expressly agree that the Content may be viewed and accessed only by end users and not by any other website or web publisher.

4.4. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of CosmeticSurgeons.CO’s copyrights in and to the Service. CosmeticSurgeons.CO reserves the right to terminate your access to the Service without notice if you violate this Agreement or for any reason at CosmeticSurgeons.CO’s discretion.

4.5. The Service is intended for individuals at least 18 years old. If you are under the age of 18 you are prohibited from using the Service.

5. Registration and Subscription. You may become a member of the Service at no cost. As a member you will have the ability to participate in the features and services available within the Service. At no time will CosmeticSurgeons.CO bill Medicare, Medicaid or any third party payors for your participation hereunder.

6. Ownership of Intellectual Property.

6.1. Unless otherwise specified in writing, all materials that are part of or are created via the Service are owned, controlled, or licensed by CosmeticSurgeons.CO and its licensors and are protected by law from unauthorized use. The Content is copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. CosmeticSurgeons.CO and CosmeticSurgeons.CO logos are trademarks of CosmeticSurgeons.CO and may not be used without the express written permission of CosmeticSurgeons.CO.

6.2. You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service.

6.3. All comments, feedback, blog statements, suggestions, ideas, photographs, video and/or audio materials, and other submissions disclosed, submitted, or offered by you in connection with your use of the Service, including without limitation by email to CosmeticSurgeons.CO (collectively, “Submissions”) will be the exclusive property of CosmeticSurgeons.CO. You agree that unless otherwise prohibited by law, CosmeticSurgeons.CO may use, sell, exploit, disclose, revise, and delete the Submissions in any manner, including any public manner, without restriction, without compensation to you, and without identifying you as the creator of the Submissions. You represent and warrant that any Submissions are your original creations, that you have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights or privacy or publicity. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.

6.4. You understand that public e-mail communications to CosmeticSurgeons.CO and/or its participating physicians are not secure, and there is therefore some possibility that the confidentiality or security of such communications may be breached by a third party. Email communication through public email is not a secure medium for sending or receiving any personally identifiable or protected health information. A public email message may be inadvertently sent to the wrong recipient; it may be opened or viewed by another person with access your email account or computer/personal digital device; the message will be cached in any number of Internet servers along the path to CosmeticSurgeons.CO or you; and the message is susceptible to being hacked or intercepted. Also, if you send or receive e-mail through your employer’s e-mail system or a shared email account, your employer or shared account holder may have the right or ability to review it.

7. Other Requirements for and Information Regarding Submissions. You agree that any Submissions (including any photographs or images) shall depict only you and, to the extent possible, shall be non-identifiable. For clarification, but not limitation, Submissions shall not contain any personally-identifiable information or you or anyone else (such as name, phone number, email address or website URL) and any photograph or image of male or female body parts shall not also include a photograph or image of a face. Submissions will not be shared by CosmeticSurgeons.CO with any third party without your consent. Through the Service you may choose to share some or all of your Submissions with one or more health care providers who participate with the Service. Participating health care providers pay a fee to be listed in the Service’s directory for this purpose. You acknowledge that CosmeticSurgeons.CO is not a “covered entity” for purposes of the Health Insurance Portability and Accountability Act of 1996 or the Health Information Technology for Economic and Clinical Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009, and the regulations promulgated thereunder (collectively, “HIPAA”). Accordingly, the Submissions, including any photographs, images or “morphed” versions thereof made to CosmeticSurgeons.CO are not and shall not be considered protected health information. Notwithstanding the foregoing, to the extent that CosmeticSurgeons.CO acts as a business associate of any participating health care provider, it will treat as protected health information under HIPAA any “morphed” images or other individually identifiable health information that is created, generated or maintained by a participating health care provider through the Service. CosmeticSurgeons.CO will use reasonable efforts to ensure the confidentiality of your information communicated through the Service, however, you understand that email communications with the Service, and that the Service’s storage systems, are not completely secure and there is some irreducible possibility that the confidentiality or security of your information may be hacked or breached.

8. Community Areas. If you use a community area of the Service, such as blogs or other member communities, you are solely responsible for your own Submissions, the consequences of posting your Submissions, and your reliance on any information in the community areas or other areas of the Service. Any information you share, including without limitation any discussions with physicians, in any online community area is by design open to the public and is not private. In the event that you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. The CosmeticSurgeons.CO Parties reserve the right to, but shall not be obligated to, record any dialogue or exchanges in the community areas of the Service. The CosmeticSurgeons.CO Parties (as defined herein) shall have no responsibility for any actions taken, or failures to take action, with respect to the community areas of the Service or any Submissions. As with any public forum on any website, the information you post may show up in third-party search engine results.

9. Posting on Other Websites.

9.1. Subject to your acceptance of and compliance with this Agreement, CosmeticSurgeons.CO grants to you a non-exclusive, non-transferable, revocable limited license to print “morphed” photographs of yourself for your personal use and to share “morphed” photographs of yourself with your Facebook friends for their personal use, but not to deliver any such content to other websites. All rights and remedies of CosmeticSurgeons.CO and its licensors are expressly reserved, and CosmeticSurgeons.CO may revoke this limited license, in whole or in part, upon notice.

9.2. You agree to include, and to not remove or alter, CosmeticSurgeons.CO’s trademark, copyright or other proprietary rights notices, as provided by CosmeticSurgeons.CO on or in connection with the Service, when using or sharing Content, and you agree to comply with usage guidelines that may be provided by CosmeticSurgeons.CO from time to time. You agree that all goodwill that arises in connection with your use of CosmeticSurgeons.CO’s trademarks inures exclusively to CosmeticSurgeons.CO, and you agree not to challenge CosmeticSurgeons.CO’s ownership or control of any CosmeticSurgeons.CO trademarks, nor use or adopt any trademarks that might be confusingly similar to such CosmeticSurgeons.CO trademarks.

10. Passwords. CosmeticSurgeons.CO has several tools that allow you to record and store information in your account. You are responsible for all actions on the Service by you or under your Service password or account and for taking all reasonable steps to ensure that no unauthorized person shall have access to your Service password or account. Without limiting the foregoing, it is your sole responsibility to (1) control the dissemination and use of any login code and password; (2) authorize, monitor, and control access to and use of your Service account and password; (3) promptly inform CosmeticSurgeons.CO of any need to deactivate a password. You grant CosmeticSurgeons.CO and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the operation of the Service.

11. Usage Rules.

11.1. As a condition of your use of and access to the Service, you agree to comply with any application-, tool- or content-specific rules published within the Service as well as the following usage rules, which are provided as an example rather than as a limitation. You agree that your activities on the Service will not:

(a) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, Java, CSS, JavaScript or other code;

(b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;

(c) use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;

(d) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;

(e) cover or obscure any notice, banner or advertisement on the Service;

(f) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;

(g) sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for anything of value;

(h) violate any applicable law;

(i) harvest or otherwise collect information about others, including email addresses, without their identification for posting or viewing Submissions;

(j) infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;

(k) be obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or cause embarrassment to any other person as determined by CosmeticSurgeons.CO in its sole discretion;

(l) further any chain letters or pyramid schemes;

(m) deliberately mislead anyone as to your identity, impersonate another, or falsely identify the source of any Submissions;

(n) allow another person or entity to use your identity in order to access the Service or post or view Submissions;

(o) post the same Submission more than once, transmit unsolicited messages, or engage in “spam”;

(p) engage in conduct deemed by CosmeticSurgeons.CO to be in conflict with the spirit or intent of the Service, including without limitation, by disrupting the flow of dialogue in a public area, posting comments that are not related to the topic being discussed, restricting any other user from using or enjoying the Service, or exposing CosmeticSurgeons.CO or another to any liability or detriment of any kind; or

(q) violate the Facebook terms of service.

12. Privacy and Protection of Personal Information. CosmeticSurgeons.CO respects the privacy of visitors to, and users of, the Service. Information collected from you is subject to CosmeticSurgeons.CO’s Privacy Policy. If you access the Service through Facebook, you will be allowing Facebook to share your email address and any other personally identifiable and non-personally identifiable information with CosmeticSurgeons.CO. Please see CosmeticSurgeons.CO’s Privacy Policy at for more information on the collection and use of your information. You acknowledge and agree that the CosmeticSurgeons.CO Privacy Policy, including, but not limited to, the manner in which CosmeticSurgeons.CO collects, uses and discloses your personally identifiable information and non-personally identifiable information, is incorporated and made part of this Agreement. By accepting this Agreement, you agree to all of the terms of the CosmeticSurgeons.CO Privacy Policy.

13. Disclaimers; Limitations; Waivers of Liability.

13.1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER COSMETICSURGEONS.CO OR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, ” COSMETICSURGEONS.CO PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, OR ERROR-FREE.

13.2. THE COSMETICSURGEONS.CO PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT: (A) THE SERVICE OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY; (B) THE SERVICE OR THE CONTENT COMPLIES WITH ANY GOVERNMENT REGULATIONS CONCERNING PRESCRIPTION DRUG DISCLOSURES; (C) ANY FEATURES OF THE SERVICE THAT SEEK TO ALTER THE APPEARANCE OF ANY FACE OR BODY PART ARE ACCURATE; (D) THAT ANY PHOTOGRAPHS OR IMAGES THAT ARE MORPHED OR ALTERED BY YOU OR A PHYSICIAN THROUGH THE SERVICE ACCURATELY REFLECT OR ARE SIMILAR TO THE RESULTS THAT WOULD OCCUR THROUGH ANY MEDICAL CARE, TREATMENT, PROCEDURE OR SURGERY, INCLUDING COSMETIC SURGERY; OR (E) THAT ANY PHOTOGRAPH OR IMAGE SENT TO YOU OR MADE AVAILABLE THROUGH THE SERVICE RESEMBLES THE RESULTS THAT WOULD OCCUR THROUGH ANY MEDICAL CARE, TREATMENT, PROCEDURE OR SURGERY, INCLUDING COSMETIC SURGERY.

13.3. THE COSMETICSURGEONS.CO PARTIES ARE NOT PHYSICIANS OR HEALTH CARE PROVIDERS AND THE SERVICE DOES NOT PROVIDE MEDICAL OR SURGICAL CARE, ADVICE, RECOMMENDATIONS OR TREATMENT. THE SERVICE WILL NOT INVOLVE ANY DIRECT FACE-TO-FACE ENCOUNTERS OR PHYSICAL EXAMINATIONS. THE SERVICE AND THE CONTENT ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. COSMETICSURGEONS.CO DOES NOT ENDORSE OR RECOMMEND ANY PARTICULAR PROVIDER OR PROCEDURE. THE SERVICE HEREUNDER IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. THE COSMETICSURGEONS.CO PARTIES HAVE NO RESPONSIBILITY FOR OR INVOLVEMENT WITH ANY PHYSICIAN-PATIENT RELATIONSHIP THAT EXISTS OR COMES TO EXIST BETWEEN A USER OF THE SERVICE AND ANY HEALTH CARE PROVIDER. ALL ASPECTS OF ANY SUCH PHYSICIAN-PATIENT RELATIONSHIP AND ALL RESULTS AND OUTCOMES OF THE CARE DELIVERED BY THIS RELATIONSHIP IS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL PATIENT AND THE PHYSICIAN INVOLVED. COSMETICSURGEONS.CO MAKES NO GUARANTEE REGARDING THE RESULT THAT A USER MAY EXPERIENCE.

13.4. THE COSMETICSURGEONS.CO PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE COSMETICSURGEONS.CO PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, UNDER NO CIRCUMSTANCES WILL THE COSMETICSURGEONS.CO PARTIES BE LIABLE TO YOU FOR MORE THAN $100, WHICH YOU ACKNOWLEDGE TO BE MORE THAN THE ESTIMATED VALUE OF ANY SUCH CLAIM GIVEN THAT YOU PAY NO FEE FOR USE OF THE SERVICE.

13.5. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

14. Release. You forever release, discharge, and covenant not to sue the CosmeticSurgeons.CO Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the CosmeticSurgeons.CO Parties, or otherwise, in connection with your use of the Service or your interaction with any party, including any physician, through or as a result of the Service. In other words, you agree that you cannot sue the CosmeticSurgeons.CO Parties if anything happens to you or your property in connection with your use of the Service or your interaction with any party through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.

15. Indemnification. You agree to defend, indemnify and hold harmless the CosmeticSurgeons.CO Parties from and against all liability, claims, actions, and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.

16. Objectionable Content/Copyright Takedown: If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Service, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following policy will apply:

Copyright Policy: It is CosmeticSurgeons.CO’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on this Service contain infringements, please send a notice to the individual and address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. CosmeticSurgeons.CO will also terminate a subscriber’s account if a subscriber is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice. Our designated agent, to whom you should email your infringement claim (or other complaints), is our complaint agent whose address is my@CosmeticSurgeons.CO.

17. Third Party Sites and Products. We may include links to third party sites or services, or information about third party products or services. You should review the terms of use and privacy policies of all sites and services you link to from or are referred to by our Service. We do not endorse or take responsibility for these third party offerings. We do not vet or take responsibility for third party sites, services or products or the postings or communications of other users.

18. Governing Law/Waiver of Injunctive Relief.

18.1. This Agreement and all aspects of the Service will be governed by and construed in accordance with the internal laws of the United States and the Commonwealth of Massachusetts governing contracts entered into and to be fully performed in Massachusetts (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Worcester, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Worcester, Massachusetts.

18.2. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and CosmeticSurgeons.CO agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to CosmeticSurgeons.CO, Inc. (ATTENTION: LEGAL DEPARTMENT), 2 Connector Road, Suite 2c, Westborough, MA 01581.

18.3. If you and CosmeticSurgeons.CO are unable to resolve a Dispute through informal negotiations within 30 days, either you or CosmeticSurgeons.CO may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS website www.jamsadr.com. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and CosmeticSurgeons.CO may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

18.4. You and CosmeticSurgeons.CO agree that any arbitration will be limited to the Dispute between CosmeticSurgeons.CO and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

18.5. You and CosmeticSurgeons.CO agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or CosmeticSurgeons.CO’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.

19. Waiver/Severability.

19.1. The failure of CosmeticSurgeons.CO to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under them will not be construed as a waiver or relinquishment of CosmeticSurgeons.CO’s right to assert or rely upon any such provision or right in that or any other instance.

19.2. You and CosmeticSurgeons.CO agree that if any portion of this Agreement, except any portion of Section 18.5, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If Section 18.5 is found to be illegal or unenforceable then neither you nor CosmeticSurgeons.CO will elect to arbitrate any Dispute falling within that portion of Section 18.5 found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction in Worcester, Massachusetts, and you and CosmeticSurgeons.CO agree to submit to the personal jurisdiction of that court.

20. Miscellaneous. CosmeticSurgeons.CO operates and controls the Service from its offices in the United States. CosmeticSurgeons.CO makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CosmeticSurgeons.CO to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, CosmeticSurgeons.CO or any other website or source. The privileges granted to you under this Agreement, including without limitation access to the Service directly or through Facebook, will terminate immediately and automatically without notice from CosmeticSurgeons.CO if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in CosmeticSurgeons.CO’s sole discretion. Following termination of this Agreement, your account(s), or the Service, CosmeticSurgeons.CO shall retain all rights to the Submissions pursuant to this Agreement. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without CosmeticSurgeons.CO’s prior written consent. This Agreement contains the entire understanding of you and CosmeticSurgeons.CO, and supersedes all prior understandings between the parties concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. Upon CosmeticSurgeons.CO’s request, you will furnish CosmeticSurgeons.CO any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against CosmeticSurgeons.CO by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

21. Statute of Limitations. You and CosmeticSurgeons.CO both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement (including the Privacy Policy) must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.

 

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