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.