Terms & Conditions
Please read these terms and conditions carefully, they contain important information about your rights and obligations in accessing and using PlasticSurgeryTyler.com (“our Website”) or service operated by Cosmetic & Plastic Surgery Center – Tyler (hereafter sometimes referred to as “Cosmetic & Plastic Surgery Center – Tyler,” “us,” or “our”). By using our website and our services you agree to be bound by these Terms and Conditions (this “Agreement”), whether or not you register as a free patient member (“Registrant”), or as a licensed Physician or Physician’s Staff member (“Licensee”). By using any Service or by checking the acceptance box at the end of this Agreement, you accept and agree to be bound by all the terms and conditions of this Agreement, as well as any additional terms specific to the particular Services for which you register. Additionally, by accessing the Website or becoming a Registrant or Licensee, you consent to have this Agreement provided to you in electronic form.
Cosmetic & Plastic Surgery Center – Tyler provides users with access to an assortment of resources, including by not limited to, Physician information, Physician’s staff information, Physician’s facility information, Physician’s pre and post Operation instruction, Physician’s photo gallery, medical topic libraries, and anatomy libraries (“our Services”). Cosmetic & Plastic Surgery Center – Tyler will provide you with the Services for which you register on Cosmetic & Plastic Surgery Center – Tyler’s website, subject to the terms and conditions of this Agreement.
RELIANCE ON CONTENT, ADVICE, ETC. Any content or advice that may be posted on our Website, software, or other medium is for informational purposes only and is not intended to replace or substitute for any professional, medical, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified Specialist or Physician. Cosmetic & Plastic Surgery Center – Tyler does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website or on our Touch Screens. Under no circumstances will Cosmetic & Plastic Surgery Center – Tyler or its affiliates be responsible for any damage, loss, personal harm or death resulting from your reliance on information or other content posted on our Website, our Touchscreens, or transmitted to or by any Licensees.
DISCLAIMERS OF WARRANTIES. The Website and the Service are provided “AS-IS” and on an “AS-AVAILABLE” basis. Cosmetic & Plastic Surgery Center – Tyler expressly disclaims any warranty of fitness for a particular purpose or non-infringement. COSMETIC & PLASTIC SURGERY CENTER – TYLER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE AND/OR OUR SERVICE. YOU ACKNOWLEDGE THAT COSMETIC & PLASTIC SURGERY CENTER – TYLER NEITHER OWNS NOR GOVERNS THE DYNAMIC CONTENT POSTED BY OUR PHYSICIAN LICENSEES SUCH AS, BUT NOT LIMITED TO PRE OPERATION AND POST OPERATION INSTRUCTIONS. You agree that you must evaluate, and bear all risks associated with the use of any of our Website content and Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Cosmetic & Plastic Surgery Center – Tyler, submitted to Cosmetic & Plastic Surgery Center – Tyler by Physician Licensees, or including without limitation information in, Topic Libraries, Anatomy Libraries, Physician Gallery, Pre/Post Operation instructions, and all other parts of the Service. Use of our Website may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. Cosmetic & Plastic Surgery Center – Tyler cannot and does not guarantee compatibility with other systems and hardware.
THIRD-PARTY OR PHYSICIAN LICENSEE CONTENT. Certain content, products, and services available via the Service may include materials from third parties or Physician Licensees. In addition, Cosmetic & Plastic Surgery Center – Tyler may provide links to certain third-party Websites. You acknowledge and agree that Cosmetic & Plastic Surgery Center – Tyler is not responsible for examining or evaluating the content or accuracy of any such third-party or licensee material or Websites. Links to other Websites are provided solely as a convenience to you. Because Cosmetic & Plastic Surgery Center – Tyler has no control over such sites and resources, you acknowledge and agree that Cosmetic & Plastic Surgery Center – Tyler is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Cosmetic & Plastic Surgery Center – Tyler is not in any way responsible for any such use by you.
LIMITATION ON LIABILITY. Except in jurisdictions where such provisions are restricted, in no event will Cosmetic & Plastic Surgery Center – Tyler be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, physical harm or death, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cosmetic & Plastic Surgery Center – Tyler has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party or Physician Licensee on the service; or (v) any content posted on the Website or transmitted to Registrants or Licensees; or (vi) any inaccurate or out-of-date on our Website or Touch Screens; or (vii) any other matter relating to the Service. Notwithstanding any provision to the contrary, Cosmetic & Plastic Surgery Center – Tyler’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Cosmetic & Plastic Surgery Center – Tyler in the twelve (12) months prior to the claimed injury or damage.
DISCLAIMERS AND LIMITATIONS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.
INDEMNITY BY YOU. You agree to indemnify and hold Cosmetic & Plastic Surgery Center – Tyler, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Cosmetic & Plastic Surgery Center – Tyler’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
NO THIRD PARTY BENEFICIARIES. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Service Changes and Other Modifications
Cosmetic & Plastic Surgery Center – Tyler may change the terms of this Agreement, at any time by updating the terms posted on Cosmetic & Plastic Surgery Center – Tyler’s website. Each version of this Agreement will be identified at the bottom of the page by its effective date. Cosmetic & Plastic Surgery Center – Tyler reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Cosmetic & Plastic Surgery Center – Tyler shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. If you do not agree to any changes posted by in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.
This Agreement will remain in full force and effect while you use the Website and/or are a Registrant or Licensee until terminated according to this Section. Registrants only may terminate their registration at any time, for any reason, by sending Cosmetic & Plastic Surgery Center – Tyler written notice of termination by email via info@PlasticSurgeryTyler.com, or by mail to 1100 East Lake St., Ste 200, Tyler, TX 75701. At any time after activation of a Service, either the Registrant or Cosmetic & Plastic Surgery Center – Tyler may cancel that Service (or Cosmetic & Plastic Surgery Center – Tyler may discontinue the Service completely) by providing written notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the then-current contract period (for paid Services). If Cosmetic & Plastic Surgery Center – Tyler terminates your Service or Registration because you have breached this Agreement, you will not be entitled to any refund. All decisions regarding the termination of accounts shall be made in the sole discretion of Cosmetic & Plastic Surgery Center – Tyler. Cosmetic & Plastic Surgery Center – Tyler is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your registration or license is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Data in your Account. Cosmetic & Plastic Surgery Center – Tyler reserves the right to refuse service to anyone for any reason at any time.
Law and Jurisdiction
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, in Smith County, for the resolution of any such dispute.
The failure of Cosmetic & Plastic Surgery Center – Tyler to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and Cosmetic & Plastic Surgery Center – Tyler and govern your use of the Service, superseding any prior agreements between you and Cosmetic & Plastic Surgery Center – Tyler (including, but not limited to, any prior versions of the Terms of Service).