IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY OF THE COUPONS OR LINKS CONTAINED IN THE SITE.
1. Permitted Uses
The Site provides an interactive online service operated by AMM, consisting primarily of promotion and marketing services on behalf of certain Physicians, practitioners, cosmetic and/or medical practice offices (collectively “Merchants”) making coupons for goods and services (“coupons”) available to its users. Coupons may be obtained and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer. As a condition of your use of this Site, you agree that:
- You are an individual person at least 18 years of age;
- You possess the authority to create a binding legal obligation;
- Your use of this Site will at all times comply with the terms of this Agreement;
- You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.
2 .Your Conduct on the Site
- Submitting any purposely inaccurate information, committing fraud or falsifying information left on the Site;
- Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Attempting to scan, or test the security or configuration of the Site or to breach any security or authentication measures without proper authorization;
- Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by AMM;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
- Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with AMM;
- Reselling or repurposing your access to the Site or any purchases made through the Site;
- Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of AMM to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with AMM, including without limitation, aggregating current or previously offered deals;
- Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
- Exceeding or attempting to exceed quantity limits of coupons, selling coupons, or for speculative, false, fraudulent purpose, or any other purpose not expressly permitted by this Agreement and the terms of a specific offer(s) on the Site;
- Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
- Deep-linking to any portion of this Site (including, without limitation, the path for any coupon) without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of AMM, PlasticSurgeryCoupons.com, our Merchants or our services; or
- Hyperlinking to the Site from any other website without our initial and ongoing consent.
3. Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. AMM retains the right at our sole discretion to deny service, or access to the Site to anyone at any time and for any reason.
4. Transmission of Information
We do not control the security of the Internet or other networks you use to access the Site or communicate with us. Therefore, we cannot be, and are not responsible for, the security of information that you choose to communicate with AMM and the Site while it is being transmitted. In addition, AMM is not responsible for any data lost during transmission.
5. Use of Coupons
Coupons issued through PlasticSurgeryCoupons.com are special promotional offers from participating Merchants made through our service. The coupons are redeemable for certain goods and services offered by, or facilitated through, the Merchant identified on the coupon. The Merchant is solely responsible for redeeming the coupon. The Merchant is the issuer of the coupon and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a coupon or not. You waive and release AMM and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a coupon or the services/goods it provides in connection with it.
By printing and using any coupon you agree to the terms of this Agreement. By printing, accepting, using or attempting to use any coupon, you agree to the Rules set forth on this Site for coupons (“Rules”), as well as the terms on the coupon itself and any additional, deal specific terms advertised with the coupon at the time of purchase (collectively, the “fine print” regardless of how labeled). The Rules apply to all coupons that we make available, unless a particular coupon’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between the Rules and a coupon’s fine print, the coupon’s fine print will control.
AMM is a service provider for the Merchant identified on the coupon and the Merchant is the sole issuer of the coupon. The promotional value of a PlasticSurgeryCoupons.com coupon will EXPIRE on the date specified on the face of the coupon, unless prohibited by law. The promotional value of a PlasticSurgeryCoupons.com coupon may not be combined with other offers and no portion of its value is intended to cover tax or gratuity. PlasticSurgeryCoupons.com coupons are fully transferrable.
6. Ownership of the Site
The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.
7. Copyright And Trademarks.
Everything located on or in this Site is the exclusive property of AMM or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE LINKSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF AMM IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This Site and any Linksite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. AMM owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of AMM or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
PlasticSurgeryCoupons.com is a trademark of Awesome Medical Marketing, LLC. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with PlasticSurgeryCoupons.com shall not be deemed to be in the public domain but rather the exclusive property of AMM, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of PlasticSurgeryCoupons.com and/or AMM unless otherwise stated.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. AMM does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. To the extent that you upload any material to any part of the Site, you warrant that you are the owner of such material, and expressly granted AMM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant AMM the right to edit, copy, publish and distribute any material that you make available on this Site.
8. Copyright Policy And Digital Millennium Copyright Act (Dmca) Procedures.
AMM reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.
If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide AMM with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Any copyright infringement claim should be addressed to:
Awesome Medical Marketing
3126 North 26th Place
Phoenix, AZ 85016
9. Unsolicited Ideas and Materials
AMM does not accept or consider, directly or through any employee or agent, unsolicited ideas of any kind, whether relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions or for any other purpose. With respect to any such unsolicited materials submitted to AMM, the following shall apply:
- AMM has no obligation to review any unsolicited materials, nor to keep them confidential; and
- AMM will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
10. Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER AMM, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR COUPONS PROVIDED THROUGH THIS SITE.
THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.
AMM HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. AMM FURTHER DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, AND MAKES NO STATEMENTS AS TO, THE MERCHANT’S LICENSE STATUS OR THE MERCHANT’S QUALIFICATIONS OR ABILITIES WITH RESPECT TO THE GOODS AND SERVICES OFFERED BY THE MERCHANT.
11. Limitation of Liability.
AMM shall make reasonable effort to resolve disagreements with you. Otherwise, you agree that any claim, dispute, or controversy you may have against AMM arising out of, relating to, or connected in any way with this Agreement this Site or the use or inability to use any coupon(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the AAA’s Commercial Arbitration Rules and Mediation Procedures and its Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures, or at such other location as may be mutually agreed upon by you and AMM; (b) the arbitrator shall apply Arizona law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or AMM’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor AMM shall be entitled to arbitrate their dispute.
13. Third-Party Websites.
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk
You agree to defend, indemnify and hold harmless AMM, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site, or for any use of the Site in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release AMM from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a AMM, and any conduct or speech, whether online or offline, of any other user.
16. Choice Of Law.
17. No Continuing Waiver.
No waiver by either you or AMM of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement.
18. Section Headings.
The section headings used herein are for convenience only and shall be of no legal force or effect.
If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
Awesome Medical Marketing, LLC
3126 North 26th Place
Phoenix, AZ 85016
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
21. Modification of This Agreement
We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.