2. No Medical Advice.
The content, including but not limited to text, graphics, images or other material contained on the Site (“Content”) is for educational/informational purposes only, and is not a substitute for diagnosis, treatment, or medical advice that would be provided by a qualified health care professional. Your reliance on any information or Content provided on the Site, whether or not it is provided by a health care professional, is solely at your own risk. You should always seek the advice of your physician or health care professional for any questions you may have about your own medical condition.
3. No Minors.
You may not access the Site if you are under 18 years of age.
4. Your Service Account; Email Consent.
In order to use some of the features on the Site, you may be asked to register and provide information about yourself. By utilizing the Site, you consent to receive emails from Stem Cell Reference, which may include commercial emails provided such emails are in accordance approved by Stem Cell Reference.
5. Products and Service Endorsements.
Miller Plastic Surgery does not endorse or recommend any specific content, procedures, products, opinions, or any other material or information available on the Site.
There may be medical related or health related materials posted by Stem Cell Reference or other third parties that may contain nudity. If you find these materials to be offensive, then you may want to use the Site or Service in such a way as to limit your viewing of this material.
7. Photograph/Video Policy.
8. Performance and Usage Information.
We may automatically upload performance and usage data for evaluating the Site and the software associated with the Site. This data will not personally identify you.
9. Links to Other Websites.
11. Stem Cell Reference DISCLAIMS ALL WARRANTIES.
We provide the Service “as-is,” “with all faults” and “as available.” Stem Cell Reference and its affiliates disclaim all warranties, guarantees or conditions. Without limiting the foregoing, to the extent permitted by law, we exclude and disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. IN ADDITION, IN NO EVENT SHALL STEM CELL REFERENCE BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT PROFESSIONALS OR PROCEDURES POSTED ON THE SITE.
Stem Cell Reference controls and operates the Site from the United States of America in Miami in Miami Dade County, Florida. These Terms and the Service are governed by United States federal law and the laws of the State of Florida, excluding any conflicts of law provisions. Accessing, browsing or otherwise using the Site means you hereby consent to the exclusive jurisdiction of the state and federal courts in Miami Dade County, Florida and you waive all defenses of lack of personal jurisdiction and forum non conveniences with respect to venue and jurisdiction in the state and federal courts of Miami Dade County, Florida.
You agree to indemnify and hold harmless Stem Cell Reference from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any content you post or submit to or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Site, and any violation of this contract or of any law or the rights of any third party.
17. Claim Must Be Filed Within One Year; Arbitration.
Any dispute, claim or controversy arising out of or relating to these Terms, Stem Cell Reference or the Site or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the event first giving rise to the claim. The arbitration shall be held in Miami Dade County, Florida before one arbitrator. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association. Judgment on the Award may be entered in any court having jurisdiction. Each of the party’s shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration.
These Terms constitute the entire agreement between you and Stem Cell Reference regarding the use of the Site, and supersedes any prior agreements between you and Stem Cell Reference relating to your use of the Site. The failure of Stem Cell Reference to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Protecting the privacy of minors is especially important. For that reason, Stem Cell Reference do not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Stem Cell Reference Sites from persons under 18 years of age, and no part of our website is directed to persons under 18. If you are under 18 years of age, then please do not use or access the Stem Cell Reference Sites at any time or in any manner.
If Stem Cell Reference learns that personally identifiable information of persons under 18 years of age has been collected on the Stem Cell Reference Sites without verified parental consent, then Stem Cell Reference will take the appropriate steps to delete this information.
When you visit the Stem Cell Reference Sites, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. Stem Cell Reference uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Stem Cell Reference Sites may not function properly if the ability to accept cookies is disabled.
When you use the Stem Cell Reference Sites, we may employ “clear gifs” (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear gifs in HTML-based emails sent to our Users to track which emails are opened by recipients.
When you use the Stem Cell Reference Sites, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, browser type, browser language, Internet Protocol (“IP”) address referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, the date and time of your request, pages viewed and the order of those pages, the amount of time spent on particular pages, and one or more cookies that may uniquely identify your browser.
We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes such as notifying you of major Stem Cell Reference Sites changes or for customer service purposes.
However, we do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Stem Cell Reference Sites.
Stem Cell Reference Sites may release personally identifiable information and/or non-personally identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.
In the event that any of the Stem Cell Reference Sites are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the event of Stem Cell Reference Sites bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Stem Cell Reference allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Stem Cell Reference Sites. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Stem Cell Reference Sites. They automatically receive your IP address when this happens. Stem Cell Reference does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
Stem Cell Reference Sites use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Stem Cell Reference Sites and you do so at your own risk. Once we receive your transmission of information, Stem Cell Reference makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If Stem Cell Reference Sites learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Stem Cell Reference may post a notice on the Stem Cell Reference Sites if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.