THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING THE SITE OR USING OUR SERVICES.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY, A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER, THAT EACH APPLY TO THE EXTENT PERMITTED BY LAW AND AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE TERMS CAREFULLY.
BY USING OR REGISTERING ON THE SITE OR OTHERWISE USING OR ACCESSING OUR SERVICES YOU: (1) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AS WELL AS OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE; (2) REPRESENT THAT YOU HAVE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT, AND, IF ENTERING INTO THIS AGREEMENT FOR A LEGAL ENTITY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT LEGAL ENTITY; AND (3) ACCEPT THIS AGREEMENT AND ACKNOWLEDGE THAT YOU ARE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS, REGISTER, OR USE THE SITE OR ANY OF OUR SERVICES.
These Terms and Conditions of Use (the “Terms and Conditions”, “Terms”, or “Agreement”) is a binding agreement between you (“User”, “you”, or “your”) and Fusion Cosmetic Surgery, LLC (referred to as “Fusion Cosmetic Surgery”, “we”, “us”, or “our”) and applies to your access and use of the Fusion Cosmetic Surgery website, https://www.fusionmdcosmeticsurgery.com/, (the “Site”), and any other website, mobile application, and online service or program where these Terms and Conditions are posted, linked, or incorporated by reference (collectively referred to with the Site as the “Services”).
In order to access the Site or Services, you may be required to register and create an account (such process and the information provided during such process, as amended from time to time through your login to your account in accordance with these Terms is referred to as the “Registration”). You represent and warrant that all of the information indicated in the Registration is true and complete, and you agree to update the Registration upon any changes to such information. The failure to do so may further limit your ability to use the Services and affect the accuracy and effectiveness of the same.
You may only create and hold one account for the Site and our Services for your personal use. You must be at least 18 years old to use or create an account for use of the Site. If you are a minor in the jurisdiction in which you reside, you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Site, and your parent or legal guardian must read and agree to this Agreement prior to your using the Site.
You also agree that you are responsible for securely managing the confidentiality of any of your account information including, without limitation, any usernames, passwords, personal identification numbers, and any other codes that you use to access our Services. You may not provide your Registration to anyone else to access the Services. You must keep your password strictly confidential. You will notify us immediately if you believe that your Registration \ or device you use to access the Site or Services has been lost or stolen or that someone is using your account without your permission. You should regularly log into the Site and Services to ensure that no unauthorized activity has occurred.
To use the Site, you must have the compatible device, and we do not warrant that the Site will be compatible with all devices. You are responsible for selecting, obtaining, and maintaining any equipment, items, and ancillary services needed to access and use the Site. Use of the Site requires Internet access or mobile data, which may be subject to additional fees or charges. You will be responsible for all fees and charges incurred with respect to using the Site. We reserve the right to withdraw or amend the website and any service, product, solution, or material we provide as part of our Services. We will not be liable if for any reason all or part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services to you.
You agree not to attempt to log on to the Site from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Services from one of these countries may result in your access being restricted and/or terminated.
We may collect technical information and use certain technologies, including pixel technology, to collect and analyze technical data relating to the provision, use and performance of the website, our Services, and related systems. This technical data may include your Internet protocol (IP) address, the company name from which you are browsing our Services, your browser type and version, time zone setting, operating system and platform, and information about your visit to the website including the full Uniform Resource Locators (URL), clickstream to, through and from our website, including the date and time. By visiting and using the website and our Services, you hereby consent to and agree to the pixel technologies and/or other software, our collection of this data by us and that we will be free (during and after the term hereof) to (i) use such data to improve and enhance the website and for other development, diagnostic, and corrective purposes in connection with the website and our Services; (ii) disclose such data in aggregated or de-identified from in connection with its business; and (iii) otherwise use and disclose such data as set forth in our Privacy Policy.
The Services and its entire contents, features, functionality, and services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by and the exclusive property of Fusion Cosmetic Surgery, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge and agree that you do not acquire any ownership rights to the website or any Services through this Agreement or by use of the Services. You acknowledge and agree that we have and retain exclusive and valid ownership of all anonymized statistical information regarding use of the Services. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Services without our prior written approval.
You may suggest improvements and/or communicate to us ideas, feedback, inventions, discoveries, or concepts (“Ideas”) during the term of this Agreement, and you and us may discover or create the Ideas jointly with us. Such Ideas may include ideas for new or improved products, services, concepts, know-how, and/or techniques. You agree that any such Idea shall be and remain solely the property of Fusion Cosmetic Surgery and/or our licensors and may be used and sold, licensed, or otherwise provided by Fusion Cosmetic Surgery and/or its licensors to third parties, or published or otherwise publicly disclosed, in Fusion Cosmetic Surgery’s and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to Fusion Cosmetic Surgery any and all of your right, title, and interest in and to any such Ideas.
In order for us to provide the Services, you grant to us a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to use, copy, encode, store, archive, translate, render into an audible and/or visual format, distribute, display, perform, transmit, and create derivative works from any information, content, materials, or other data entered into the Services (“Data”) to the extent necessary for Fusion Cosmetic Surgery to: (1) provide the website and our Services; (2) perform our obligations under this Agreement; (3) attribute content to you; (4) compile analyses and statistical information from Data regarding usage or performance of the website or our Services and user engagement; (5) provide, monitor, correct, enhance, and improve the Services; (6) develop new products or services; and (7) accomplish other internal business purposes or as described in our Privacy Policy.
You also grant to Fusion Cosmetic Surgery a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to de-identify or aggregate Data such that there is no reasonable basis to believe that the information can be used, alone or in combination with other reasonably available information, to identify any individual or to identify you as the source of such data (“Deidentified Data”). You acknowledge and agree that Fusion Cosmetic Surgery has and retains exclusive and valid ownership of all Deidentified Data. Fusion Cosmetic Surgery shall also have the right to collect and analyze data and other information relating to the provision, use, and performance of the Services and related systems and technologies (“Usage Data”), and you acknowledge and agree that Fusion Cosmetic Surgery has and retains exclusive and valid ownership of all Usage Data. Fusion Cosmetic Surgery will be free (during and after the Term) to use such Deidentified Data and Usage Data for any purpose, including to (1) improve and enhance the website and for other development, diagnostic and corrective purposes in connection with the Services and other service offerings, (2) disclose such data in connection with our business, and (3) otherwise use and disclose such data as set forth in our Privacy Policy.
You may use the Services only for lawful purposes and in accordance with the Privacy Policy and Agreement. Transmitting, distributing, or storing any material that violates any applicable law or the Privacy Policy and Agreement is prohibited. You agree not to use the Services:
Additionally, you agree not to:
Subject to the terms and conditions of the Agreement, Fusion Cosmetic Surgery grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for use solely by you and/or your professional organization and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. All rights with respect to the Services not explicitly granted herein are reserved by Fusion Cosmetic Surgery.
You agree not to reproduce, copy, sell, resell, or exploit for any commercial purpose any portion of the Services, use of the Services, or access to the Services. You also agree not to forward, disseminate, or resell the contents of the Services without express permission from Fusion Cosmetic Surgery.
THE SERVICES, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, THE CONTENT, AND ALL MATERIALS, YOUR USE OF THE SERVICES, THE CONTENT, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. FUSION COSMETIC SURGERY, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK.
WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, THE CONTENT, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM, OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE NEITHER US OR NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ITS CONTENT.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS CAUSED BY INCORRECT INFORMATION PROVIDED BY YOU OR TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR SERVICES. ADDITIONALLY, THE REFERENCE, INCLUSION, OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITE OR THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICES. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SERVICES FOR ANY RECONSTRUCTION OF LOST DATA. FURTHERMORE, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS CONTENT OR INFORMATION WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER WEBSITE-ACCESSING PROGRAM. WE DOS NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH INSTANCES, THE LIABILITY OF FUSION COSMETIC SURGERY AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.
UNDER NO CIRCUMSTANCES WILL FUSION COSMETIC SURGERY, ITS AFFILIATES, SUBSIDIARIES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND (FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, INCREASED COSTS, DIMINUTION IN VALUE, LOSS OF USE, LOSS OF GOODWILL OR REPUTATION, USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND CLAIMS OF THIRD PARTIES) WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATIONS OR UNDER NAY OTHER LEGAL THEORY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT YOU ARE ENTITLED TO DAMAGES FOR ANY CLAIM ARISING FROM THE USE OF THE SERVICES, YOU AGREE THAT THE AGGREGATE LIABILITY OF FUSION COSMETIC SURGERY, ITS AFFILIATES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, WILL NOT EXCEED THE GREATER OF AMOUNT YOU SPECIFICALLY PAID TO FUSION COSMETIC SURGERY, OR $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF FUSION COSMETIC SURGERY, ITS AFFILIATES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
You agree to indemnify, defend, and hold harmless Fusion Cosmetic Surgery and its successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, judgments, awards, losses, obligations, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to (i) your breach of the Privacy Policy and Agreement; (ii) your violation of any third party’s right including, without limitation, any copyright, trademark, property right, or privacy right, (iii) any violation of applicable law by you; (iv) information or content that you submit, post, transmit or make available through our Services; (v) your use of the Services; (vi) any claim that content provided by you caused damage or loss to a third party, or (vii) any of your acts or omissions. This defense and indemnification obligation will survive your use of the Services and any termination of the Privacy Policy and Agreement.
If you use the Services to access data of which you are not the owner or authorized user as reflected in our systems, you shall indemnify, defend, and hold harmless Fusion Cosmetic Surgery and all of its executives, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting our rights or your obligations under any other provision of these Terms, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer and/or individual associated with a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and social security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost. Our rights to indemnity under this section are in addition to all other rights and remedies available at Law or in equity. Any exercise by us of our rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing data through our Services.
Fusion Cosmetic Surgery respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Fusion Cosmetic Surgery LLC, Attn: DMCA Agent, 7540 SW 61st Ave., South Miami, FL 33143. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Fusion Cosmetic Surgery has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
The information on the Services is solely for information purposes only. We use reasonable efforts to update the information on the Services and the content on the Services may be updated from time to time without notice. It may not necessarily be complete or up-to-date at any given time. We do not warrant the accuracy, completeness or usefulness of this information (including any product, service, description, photograph, or other information). Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
These Terms are only applicable to the Services and do not apply to any third-party websites, applications, or technologies. The Services may contain links to, and media and other content from, third-party websites. These links are to external websites and third parties with which we have no relationship or control. Because of the dynamic media capabilities of the Services, it may not be clear to you which links are to the Services and which are to external, third-party websites. if you click on an embedded third-party link, you will be redirected away from the Services to the external third-party website. You can check the URL to confirm that you have left the Services. We have no control over the content on such third-party websites.
If you choose to link to a third-party website, we cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any third parties or their websites; (ii) control third parties’ independent collection nor use of your personal information; (iii) endorse any third party information, products, services, or websites that may be reached through embedded links on the Services; and (iv) make no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we guarantee that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Any personal information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms and conditions. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.
The decision of the arbitrator shall be in writing and shall set forth the essential findings of fact and legal analysis. A judgment to enforce the award may be entered by a court of competent jurisdiction, however, any award that has been satisfied may not be filed or entered in court. The decision of the arbitrator shall have no preclusive effect in any proceeding involving non-identical parties.
If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties are entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
THIS AGREEMENT DOESN’T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR OTHER RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY UNDER APPLICABLE LAW OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR. IF A COURT DETERMINES THAT THE PROHIBITION ON CLASS ARBITRATIONS OR THE LIMITS ON THE ARBITRATOR’S AUTHORITY CANNOT BE ENFORCED UNDER APPLICABLE LAW AS TO ALL OR PART OF A DISPUTE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT DISPUTE OR PART OF THE DISPUTE, WHICH MAY PROCEED IN COURT EITHER ONCE THE ARBITRATED MATTERS HAVE CONCLUDED OR SOONER IF THE COURT SO REQUIRES.
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND FUSION COSMETIC SURGERY ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, DISPUTE, OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS IN ANY WAY. THE PARTIES FURTHER EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND FUSION COSMETIC SURGERY MAY NOT BE PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR REPRESENTATIVE CAPACITY.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND BARRED.
No waiver by Fusion Cosmetic Surgery of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Fusion Cosmetic Surgery to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provision of the Terms will continue in full force and effect.
This Agreement is effective upon your acceptance of it as stated herein and it shall continue in effect in accordance with this section (the “Term”). You may terminate this Agreement at any time by discontinuing your use of the Services and providing us with a notice of termination.
Fusion Cosmetic Surgery shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of Fusion Cosmetic Surgery and not due to Fusion Cosmetic Surgery’s own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
We may add to, change, update, or modify these Terms and Conditions from time to time in our sole discretion. Should these Terms and Conditions change, we will post all changes to these Terms and Conditions on the Site and any such changes, updates, or modifications will be effective immediately upon posting on the Site. If we make material changes, we will also notify you through a notice on the homepage of the Site for a reasonable period of time. We may also, in our discretion, notify you of changes to these Terms and Conditions via email. The date on which these Terms and Conditions were last modified is identified at the beginning of these Terms and Conditions.
You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review these Terms and Conditions prior to using the Site, and from time to time, so that you are aware of any changes. Your continued use of the Site after the “Last Updated” date will constitute your acceptance of and agreement to such changes. If you do not agree with these Terms and Conditions, you should not use the Site.
All feedback, comments, request for technical support, and other communications relating to the Site or our services should be directed to:
In Writing: Fusion Cosmetic Surgery
550 Biltmore Way, Suite 105
Coral Gables, FL 33134
By Email: consult@fusionmdcosmeticsurgery.com
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