Referral Experts, LLC (the "Company", "us" or "we") provides an interactive multi-media website through www.lookingyourbest.com and other related sites (collectively, the "Website"), that assists users learn more about plastic surgery and to further help connect users interested in plastic surgery with surgeons in their area (collectively with the Website, the "Service").
The Service is intended solely for users located in the United States and Canada who are aged 18 years or older. If you are under 18 years of age, you are not permitted to use the Website or the Service.
Doctors who wish to participate in the Service must be approved by and be subject to the terms and conditions of a written agreement with the Company. If you are a doctor who would like information on how to participate in the Service, please contact us at ____________________.
3. Service Information
The Company does not provide medical or other professional advice, including but not limited to advice that is generally provided by a doctor, surgeon, nurse or other medical professional. Any information made available through the Service is for general consumer educational use and should not be considered a substitute for consultation with a board-certified plastic surgeon. The plastic surgery treatment most appropriate for you will depend upon your particular facts and circumstances.
We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. The Company does not endorse or warrant any specific surgical or non-surgical technique, method of treatment, or outcome.
Any content made available to you through the Service is for general reference PURPOSES only and such content is not verified by Company for accuracy, reliability, or truthfulness. All information made available to you through the Service, including but not limited to any information you receive from any person or entity through your use of the "Consult the Nurse" contact form, is the sole responsibility of the party from which such information originated and not the Company.
4. Find a Doctor Tool Search Results
The "Find a Doctor" tool (sometimes referred to on the Website as the "Find a Surgeon" or "Find a Plastic Surgeon" tool) is provided by the Company for use by the general public as a quick reference for information about physicians. The "Find a Doctor" directory is not intended as a tool for verifying the credentials, qualifications, or abilities of any physician contained therein. Inclusion in the "Find a Doctor" directory does not imply recommendation or endorsement by the Company nor does omission in the "Find a Doctor" directory imply Company disapproval.
5. Third Party Content
The Service may make available information and content (including articles and links to other websites) that is provided to the Company by third parties (such as physicians and advertisers) (collectively the "Third Party Content"). Third Party Content is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Content accessed through the Service, or posted on, available through, or installed from the Service, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of the owners of such Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website, you do so at your own risk and you should be aware that our terms and policies no longer govern.
6. Proprietary Rights in the Service
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content or information presented to you through the Service or by advertisers is protected by copyright, trademark, service mark, patent or other proprietary rights and laws. Except as expressly permitted by applicable law, authorized by Company, or otherwise authorized by the owner of such proprietary or confidential information you desire to use, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
Company grants you a personal, non-transferable and non-exclusive right and license to use the Service on a single computer and for your personal use only; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to access the Service by any means other than through the interface that is provided by Company for use in accessing the Service, and you will not modify the Service in any manner or form, or to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
7. Prohibited Content & Activities
In addition to any other requirements of this Agreement, you further agree that while using the Service, you will not to do any of the following:
- harvest or collect email addresses or other contact information from the Service by any means for the purposes of sending unsolicited communications regarding promotions and/or advertising of products or services;
- resell or otherwise make available to any person not expressly licensed by Company, any of the services or any content available through the Service;
- use the Service in any manner that could damage, disable, overburden or impair the Service;
- use automated scripts to collect information from or otherwise interact with the Service;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
- decipher, decompile, disassemble or reverse engineer any of the software comprising of, or in any way making up all or part of the Service;
- unless prior permission is granted by Company, deep link, hot link, frame or otherwise make available content provided by the Service in any fashion so as to avoid the standard processes for viewing content through the Service.
8.Intellectual Property Protections
If any copyrighted work is made available through the Service in violation of a copyright, the owner of such copyright, or the owner's authorized representative, may provide us with a written communication or notice pursuant to the Digital Millennium Copyright Act ("DMCA") 17 U.S.C. � 512(c)(3) (the "DMCA Notice"). The DMCA Notice should be sent to [INSERT NAME OF DESIGNATED AGENT] who is the Company's "Designated Agent" and can be contacted as follows:
- By Mail:
- By Telephone:
- By Email:
The DMCA Notice should include the sender's signature, identify the copyrighted material, identify the allegedly infringing material that is available through the Service, the sender's contact information, a statement that the sender believes in good faith that the owner's copyright is being infringed by the material available through the Service, and a statement by the sender stating that, under penalty of perjury, the information in the DMCA Notice is accurate and that the sender is authorized to act on behalf of the copyright owner.
The Company may terminate your access to the Service and/or otherwise prohibit you from using or accessing the Service, for any reason, or no reason, at any time in its sole discretion, with or without notice.
a. Disclaimer of Warranty
THE SERVICE AND ANY CONTENT IS MADE AVAILABLE AS A REFERENCE TOOL ONLY AND ANY CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE SERVICE (INCLUDING THIRD PARTY CONTENT), IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR TIMELINESS OF THE SERVICE OR ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE SERVICE, OR ANY SERVICE FEATURES, SOFTWARE, TEXT, GRAPHICS OR LINKS. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS IT IS THE USER'S RESPONSIBILITY TO EVALUATE AND DETERMINE THE USEFULNESS OF ANY INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, AND USER SHALL NOT RELY ON THE COMPANY, THE SERVICE AND ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE SERVICE WHEN CONDUCTING SUCH EVALUATION OR MAKING SUCH DETERMINATION.
b. Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, OMMISSIONS, ERRORS, INACCURACIES, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR LOCATED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS MADE AVAILABLE THROUGH THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION, ADVICE OR OPINIONS RECEIVED OR LOCATED THROUGH THE SERVICE, OR ADVERTISED IN CONNECTION WITH THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you, in which case liability is limited to the fullest extent permitted by law.
BY WAY OF EXAMPLE AND WITHOUT LIMITATING THE FOREGOING, IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR MEDICAL OR RELATED EXPENSES, OR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.00.
11.Disputes: Governing Law; Venue and Jurisdiction
The Agreement shall be governed by, and construed in accordance with, the laws of the State of Utah, without regard to its conflict of law provisions. You and Company agree to submit to the exclusive jurisdiction of the courts located within the State of Utah to resolve any dispute arising out of the Service or this Agreement.
You agree to indemnify, defend, and hold harmless, Company, its subsidiaries and affiliates, and each of their managers, members, directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Service, your conduct in connection with the Service, or any violation of this Agreement by you.
13. No Agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
15. Additional Policies and Terms
This Agreement constitutes the entire agreement between you and Company regarding your use of the Service, superseding any prior agreements between you and Company relating to your use of the Service. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
If you need to contact us regarding this Agreement, we can be reached at 1.800.873.9062.
Plastic Surgery IQ