LAST UPDATED 3/10/2021
These terms and conditions ("Terms") apply to your use and access of websites owned and operated by DeWolfe Aesthetic Services, SC d/b/a Elevare MD ("Elevare MD"), including www.ElevareMD.com("Elevare MD Site"). By using an Elevare MD Site and/or creating an account on a Elevare MD Site, you accept these Terms. Elevare MD may revise these Terms at any time by updating them as they are displayed on the Elevare MD Site. We are not required to contact you prior to changing these Terms. You should visit this page periodically to review these Terms because they are binding on you. The terms "You" and "User" as used herein refer to all individuals or entities accessing this Elevare MD Site.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS ANDREQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
USE OF ELEVARE MD SITE
Elevare MD authorizes you to view and access the Elevare MD Site solely for your personal, non-commercial use ("Permitted Use"). You may not copy or adapt any of the Web Site Content (defined below) or the underlying code with respect to any portion of any the site or the content appearing therein. You may not use any of the Elevare Site for any purpose that violates any applicable U.S. federal, state or foreign law. You may not use any of the Elevare MD site to violate the privacy (e.g., by improperly accessing Personal Information) or infringe the intellectual property rights of any third party. You may not use defamatory, threatening, hateful, obscene, or abusive language, images or postings on any Elevare MD site.
As between you and Elevare MD, Elevare MD owns the copyright in all content of the Elevare MD Site, including text, images, graphics, logos, links, button icons, software and other content (collectively, "Website Content").Trademarks and logos used on the Elevare MD Site is owned by Elevare MD or are used with permission from the respective owners or in accordance with applicable law. No use of any Elevare MD trademark or any other trademark listed is permitted without express written consent.
ELEVARE MD SITE SECURITY RULES
You may not violate or attempt to violate the security of the Elevare MD Site, including (a) intercepting or accessing data the user is not authorized to access, (b) attempting to scan the vulnerability of a system or network or to breach security or authentication measures without Elevare MD’s prior express written authorization, (c) attempting to interfere with service to any user, host or network, including transmitting a virus to the Elevare MD Site or similar malicious activity, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Security violations may result in civil or criminal liability.
The Elevare MD Site is intended for individuals age 18 and over. If you are less than 18 years of age, you must review these Terms with your parent or guardian to confirm that you and your parent or guardian understand and agree to it.
VIOLATION OF THESE TERMS
Any violation of these Terms as determined by Elevare MD in its sole discretion may result in the immediate denial of access to the Elevare MD Site. Elevare MD may take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder or user whose access is blocked or terminated.
The Elevare MD site is a venue for individuals to learn about aesthetic and medical plastic surgery and medical spa services. Elevare MD is not responsible for transactions with advertisers appearing on an Elevare MD Site or in newsletters. The Web Site Content may contain inaccuracies or typographical errors. Elevare MD makes no representations about the accuracy, reliability or completeness, of any Elevare MD Site or the Web Site Content or the timeliness of any services therein provided. The use of the Elevare MD Site and the Web Site Content is at your own risk. Changes are periodically made to the Elevare MD Site. While we will attempt to make these changes at a time least likely to interfere with your use of the Elevare MD Site, such changes may be made at anytime. Certain Web Site Content may contain information about medical procedures. You understand that this content is provided for informational purposes only and is not a substitute for professional advice. You should always seek professional advice tailored to your individual circumstances.
ELEVARE MD DOES NOT WARRANT THAT ANY ELEVARE MD SITE OR THE SERVICE WILL OPERATE ERROR-FREE OR THAT ANY ELEVARE MD SITE AND ITS SERVERS ARE FREE OFCOMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOU USE THE ELEVARE MD SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ELEVARE MD IS NOT RESPONSIBLE FOR THOSE COSTS. THE ELEVARE MD SITE, THE WEB SITE CONTENT AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ELEVARE MD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION ON DAMAGES
LINKS TO OTHER SITES
The Elevare MD Site contains links to third-party web sites or “Linked Sites.” These Linked Sites are provided solely as a convenience to you and not as an endorsement by Elevare MD of the contents on such third-party Web sites. Elevare MD is not responsible for such third-party content or the collection of your information on linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Websites through the Elevare MD Site, you do so at your own risk.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or obligations under these Terms and any purported assignment is null and void. You also agree not to make any unauthorized commercial use of the Elevare MD Site.
You agree to defend, indemnify, and hold harmless Elevare MD, its members, officers, directors, employees and agents, from and against any claims, actions or demands, including reasonable legal and accounting fees, arising out of the use of the Elevare MD Site by You or any account You created. Elevare MD must provide notice to you promptly of any such claim, suit, or proceeding, but only to the extent failure to provide prompt notice would prejudice your ability to defend the claim, and will assist you, at your expense, in defending any such claim, suit or proceeding. Elevare MD reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such an event, you must provide Elevare MD with any cooperation Elevare MD reasonably requests.
These Terms may be amended at any time and from time to time, by a revised posting on this page. We do not undertake any obligation to otherwise notify you of such an amendment. All provisions of these Terms that by their nature must survive the termination of your use of a Elevare MD Site will survive, including the Limitation on Damages, Indemnity, Arbitration Agreement, Class Waiver and Jury Trial Waiver.
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