- Use Conditioned on Acceptance of Terms & Conditions Stated Herein. This is the Web Site (“site”) for Colen MD Plastic Surgery (“CMD”). Any person or entity viewing these pages is a “user/s” as that term is used throughout this statement of site terms & conditions. Users must agree with, and agree to abide by, each and every provision contained herein in order to use this site. Read this agreement carefully. CMD reserves the right to change, modify, and update this site and reserves the right to amend these terms & conditions without prior notice to users. Users agree to periodically review these terms & conditions to ensure that each agrees to continue to agree with, and abide by, these terms & conditions. Users who do not agree with, and agree to abide by, each and every provision of these terms & conditions are not authorized to use this site. CMD reserves the right to deny any user access to this site. Each user must be at least eighteen (18) years of age. All persons under eighteen (18) years of age are not authorized to use this site.
- Nature of Information Provided in Site. CMD provides this site as an informational service to our patients and members of the community to inform and educate them about plastic surgery procedures and the plastic, reconstructive & aesthetic surgery provided by CMD. Medical advice is not provided, nor is it intended to be provided, herein. This is not a substitute for medical advice provided by your physician. Users agree not to use or rely in this site for the diagnosis or treatment of any condition whatsoever. Users specifically agree to waive any and all claims for, and to indemnify and hold CMD harmless from each and every damage that results from users use of this site. This site contains images of actual patients. These images demonstrate results that may be achieved with plastic, reconstructive and /or aesthetic surgery. Results vary with each person. The images contained in this site are intended to provide a visual sampling of CMD’s work. Some images may offend some people and should not be viewed by minors. Do not use this site if you are offended by the images contained herein. CMD makes no representations regarding the accuracy of the information herein contained. Users acknowledge that information related to the field of plastic, reconstructive, and aesthetic surgery is constantly changing and that his site may not be up-to-date at any given point in time. Users agree to hold harmless and indemnify CMD from any and all liability for injuries or damages that arise as a result of users of this site.
- CMD is Not Responsible for Sites Linked to this Site. This site is linked to other web sites (“linked sites”). CMD is not responsible for any information discovered or used, or for any injury or damage arising out users use of linked sites. CMD does not specifically endorse or promote any of the information, services, or products found on linked sites. Users agree that CMD has no control over information contained in linked sites and specifically acknowledges and stipulates that CMD is not able to foresee any potential injury or damage that may arise as a result of using or viewing linked sites. Users agree that CMD is not responsible for, and is not a party to, any contract or arrangement made between users and linked sites or promoters of linked sites.
- General Hold Harmless and Indemnification Provision. Users agree to hold CMD harmless, and agree to indemnify CMD from any and all liability for injuries or damages that arise as a result of using this site. Users specifically release CMD from any and all claims for damages arising as result of using this site. These provisions shall survive in the event that users attempt to provide notice to CMD that this site may or will cause damage. Users agree that they will not provide CMD with any such notice, and that any such attempts to do so will not be acknowledged or accepted.
- CMD Specifically Disclaims any and All Warranties. Users use this site at user’s sole risk and agree to acknowledge that the information provided herein is provided on an “AS IS” basis. CMD makes no warranty whatsoever regarding this site, the accuracy of the information contained herein or on any other matter related to the site. CMD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS or IMPLIED. CMD FURTHER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANT ABITLITY OR FITNESS FOR A SPECIFIC PURPOSE. CMD makes no warranty regarding the accessibility, reliability or security of this site.
- Property Rights of CMD. All content and any other item contained herein shall remain the property of CMD. Users agree not to copy, reproduce, modify, distribute, transmit, or display information contained in this site. Users agree that each shall not use the information provided in this site for any commercial gain or purpose whatsoever.
- Venue and Jurisdiction. This Agreement is entered into in New York, NY. You agree that Arizona State law (regardless of conflicts of laws principles) shall govern this Agreement, and that any dispute arising out of or pertaining to this Agreement shall be subject to the federal and state courts in New York, NY. You consent to the jurisdiction of the State and Federal courts in New York, NY. You agree that venue for any and all disputes arising out of or pertaining to this agreement, or relating to CMD shall be in the appropriate State or Federal Court in New York, NY.
- Attorneys’ Fees. In the event either CMD or user employs an attorney to enforce or defend any claim arising out of this Agreement, the prevailing party shall be entitled to recover from the losing party, and the losing party shall pay all reasonable attorney fees and costs incurred by the prevailing party, whether in negotiation, pre- trial, trial, or on appeal.