1. The Services offered on our Site
The Site and Services are designed for both physicians and consumers in the field of aesthetics and cosmetics. Opening an account allows you to enjoy the full scope of our Services. Physicians are required to pay for the use of our Services. The Services include (or may include) the following features:
The Site or Services include our proprietary content or licensed content of others, and may include additional resources such as FAQ and support, contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site, algorithms, source and object code, interface, GUI, interactive features, related graphics, illustrations, drawings, animations and other features obtained from or through the Site or Services (collectively, the “Content”).
THE USE OF OUR SITE OR SERVICES MAY ENABLE CONSUMERS TO FACILITATE A CONNECTION WITH VARIOUS PHYSICIANS. PREJUVENATION DOES NOT OWN, SELL, CONTROL, MANAGE, OPERATE, ENDORSE, SPONSOR, AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER WITH, THE VARIOUS SERVICES, PRODUCTS OR OFFERS WHICH MAY BE PROVIDED BY SUCH PHYSICIANS.
TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND SERVICES AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" BASIS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, COST OR EXPENSE INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES OR THE CONTENT OR THE SUBMISSIONS OR PHYSICIAN SUBMISSIONS.
YOUR USE OF THE SITE OR SERVICES IS ENTIRELY AT YOUR OWN RISK.
2. No Professional Relationship; No Medical Advice
The Site provides general information relating to the aesthetic and cosmetic industry for educative, informative and entertainment purposes. All such information is not intended to replace or complement any professional medical consultation, advice or treatment, which should be provided by a certified physician.
All information displayed on or through the Site or Services does not create any doctor-patient relationship. ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE OR SERVICES RELATING TO YOUR HEALTH IS AT YOUR SOLE RESPONSIBILITY. It is always recommended to consult with a professional prior to making any decisions affecting your health.
3. Prohibited/Restricted Uses
You are welcome to read the information appearing on the Site, share information and connect with others on the Interactive Areas. Except to the extent you were authorized in writing by Prejuvenation you may use the Content, Site or Services only for personal, non-commercial uses, and may not use the Services to advertise or promote a product, service, procedure, business, or any other person. Without limiting the foregoing, you may not use the Services to post any Submissions:
4. Your Account
5. Physicians Payment
6. Intellectual Property
All of the intellectual property rights (including without limitation , inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered) in or to the Site and the Content (other than the Submissions and Physician Submissions) (“Intellectual Property”) are owned by us and/or licensed to us and are protected by applicable copyright and other intellectual property laws and international conventions and treaties.
The intellectual property rights in or to the Submissions or the Physician Submissions must be owned by you or licensed to you and not conflict with any third party's rights or any applicable laws. Physicians (or users, if applicable) must receive all consents and authorizations required by law regarding the use of their respective Submissions (including without limitation, under applicable privacy laws or regulations). YOU AGREE THAT ALL INFORMATION UPLOADED OR SUBMITTED BY YOU IS NON-CONFIDENTIAL AND THAT IT MAY BE MADE PUBLICLY AVAILABLE ON OR THROUGH OUR SERVICES.
You grant PREJUVENATION an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate any of your feedbacks, comments or suggestions regarding our Services into our current or future products, services or technologies; all without compensation or your approval.
You grant to PREJUVENATION a perpetual, non-exclusive, royalty-free, and worldwide license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works, store and to use your Submission/Physician Submission, in connection with the Service, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving our Services. You also grant us permission to attribute you in connection with your Submission/Physician Submission. You hereby waive any rights of privacy or publicity in this respect.
Physicians must also follow all HIPAA Privacy Rule and applicable state privacy requirements and must refrain from uploading, posting or submitting personal medical data which might be considered as protected health information (see Section 8 below), unless such uploading, posting or Physician Submission would be allowed under those laws and regulations and the Physician has obtained the necessary and appropriate authorization and consents. We will not assume any liability in this respect.
7. Flagging Content
If you believe that the contents shared by others are inappropriate, offensive, violent, and sexually inappropriate or infringe copyrights, you may bring such content to our attention by using the "flagging" icon.
If you believe that any content infringes your copyrighted work, you may send us a notice to email@example.com that will include the following information (a) a description of your copyrighted work; (b) proof that you are the owner of the copyrighted work; (c) a description of the material that you believe to be infringing your copyrighted work and that should be removed or blocked; (d) your contact details; and (e) a statement that the information you provided is accurate . Once we receive the notice, we may take actions in our discretion, including the removal of the alleged infringing material.
8. Physicians must Comply with HIPAA
Physicians must comply with all requirements of the HIPAA Privacy Rule and applicable state privacy laws and regulations. A Physician must refrain from uploading, posting or submitting personal medical data which might be considered as protected health information unless the Physician has obtained the necessary authorizations and consents to allow such uploading, posting or submission. Determination of whether information to be included in a Physician Submission is protected health information and/or other medical information protected by the HIPAA Privacy Rule and/or other state laws and regulations is the sole responsibility of the Physician. Obtaining the appropriate authorization and consent is the sole responsibility of the Physician. By uploading, posting or submitting information, the Physician represents and warrants that the Physician can upload, post or submit such information in full compliance of the HIPAA Privacy Rule and other state laws and regulations. We will not assume any liability in this respect.
9. Linking to our Site and Links to Third Party Websites or Services
You are free to establish a link to our Site on your rightfully owned properties as long as the link does not state or imply any connection or approval of PREJUVENATION to your website, products or services or portray PREJUVENATION in a false or offensive manner.
You agree that PREJUVENATION is not responsible or liable, directly or indirectly, for any damage or loss of any kind caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource, or any damage or loss relating to your interaction or dealings with third parties. We reserve the right to terminate any link at any time.
10. Disclaimer of Warranties.
To the fullest extent legally permissible, we provide the Site, the Content and the Services “as-is,” “with all faults” and “as available". The PREJUVENATION Representatives disclaim all warranties of any kind, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
IN ADDITION, IN NO EVENT SHALL PREJUVENATION REPRESENTATIVES BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY OTHER PARTY IN RELIANCE OR IN CONNECTION WITH THE SERVICES.
PREJUVENATION REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE USE OF THE SERVICES, THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO THE OPERATION, ACCURACY, RELIABILITY, COMPLETENESS, QUALITY OR SUITABILITY OF THE INFORMATION DISPLAYED ON OR THROUGH THEM.
PREJUVENATION REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OR ERRORS.
11. Limitation of Liability
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
We may accept advertisements from third party advertisers or others. We make no warranties or representations concerning such advertisements. You understand and agree that you are not entitled to any compensation or remuneration with respect to these advertisements.
14. Children's Restricted Use
We reserve the right to request proof of age at any stage so that we can verify that minors or children under the age of eighteen (18) are not using the Service. If we become aware that a person under the age of eighteen (18) is using the Service, we will prohibit and block such person from accessing or using the Service.
We reserve the right to stop, temporarily or permanently, the operation of the Site and Services without notice, at any time. All information (ours or yours) made available on the Site or Services may be removed or deleted and you are required to make your own copy of any information you submit to our Site or Service. PREJUVENATION will not be liable to you or to any third party for any changes, suspension, or discontinuance of the Site or Services or any malfunctions that may occur in connection thereto.
16. Suspension; Termination
Non-paying Physician's Accounts may be terminated, as stated in Section 4 above.
Upon termination, by you or us:
YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Any claim relating to the Site or Services or their use will be governed by and interpreted in accordance with the laws of the State of Delaware, U.S.A without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied. Any dispute arising out of or related to the Site or Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Delaware, U.S.A. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction
19. For information, questions or notification of errors, please contact: