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Effective Date: October 19, 2018

OVERVIEW

The terms “we,” “us,” and “our” refer to Robert Whitfield, MD, PLLC. The term the “Site” refers to any of Robert Whitfield, MD, PLLC’s websites including:

https://www.drrobertwhitfield.com/

http://www.austinfaceliftinstitute.com/

The terms “user,” “you,” and “your” refer to site visitors, customers, patients and any other users of the site.

SERVICE

Robert Whitfield, MD, PLLC offers plastic surgery procedures, cosmetic procedures, and non-surgical procedures help patients with whatever health condition they have.

Use of all Robert Whitfield, MD, PLLC services are subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and other information are subject to change. Robert Whitfield, MD, PLLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Robert Whitfield, MD, PLLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you will be required to provide information about yourself including your name, email address, health information and other personal information. You agree that any information you give to Robert Whitfield, MD, PLLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm your appointment with Robert Whitfield, MD, PLLC and to confirm details concerning Service delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

DURATION OF AGREEMENT

Once the appointment is confirmed, we will provide you with the product or perform the purchased Service at the scheduled time.

SERVICE DESCRIPTION

We attempt to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, Robert Whitfield, MD, PLLC may provide access to social media platforms in conjunction with the Service. Robert Whitfield, MD, PLLC is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.

You agree that your use of these social media platforms is a privilege and Robert Whitfield, MD, PLLC may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Robert Whitfield, MD, PLLC will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Robert Whitfield, MD, PLLC is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect Robert Whitfield, MD, PLLC’s brand and image integrity.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to Robert Whitfield, MD, PLLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Robert Whitfield, MD, PLLC remains yours to the extent that you have any legal claims therein. You agree to hold Robert Whitfield, MD, PLLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, non exclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

We may request to record video or take photos before, during, and after your Service. We will secure your permission before using and distributing recordings, print materials, audio, or visual representations that refer to you. You consent to your name, words, voice, and likeness being used by Robert Whitfield, MD, PLLC for promotional, business development, and marketing purposes, without compensation to you.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Robert Whitfield, MD, PLLC, including trademarks, copyrights, proprietary information, and other intellectual property. All intellectual property, including Robert Whitfield, MD, PLLC’s copyrighted materials, shall remain the sole property of Robert Whitfield, MD, PLLC. No license to sell or distribute our materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent.

CHANGED TERMS

We may at any time amend these Terms of Service. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms of Service, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE.

DISCLAIMER/HIPAA

The information, materials, services, products, messages, and other content contained on this website are provided for educational and general informational purposes only. Such content is not intended to be a substitute for obtaining medical advice and treatment from a certified plastic surgeon. You should not take any healthcare action based upon the content of this website without first obtaining appropriate guidance from a certified plastic surgeon. Giving, receiving, or using the content on this website does not constitute nor create a caregiver-patient relationship. No statement contained on this website constitutes a warranty, express or implied, with respect to healthcare, any standard of care, or any other matter.

THIRD PARTY RESOURCES

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Robert Whitfield, MD, PLLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Robert Whitfield, MD, PLLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Robert Whitfield, MD, PLLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Robert Whitfield, MD, PLLC.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Robert Whitfield, MD, PLLC

Round Rock

7200 Wyoming Springs, Suite 1400

Round Rock, TX 78679

 

or:

 

Robert Whitfield, MD, PLLC

West Lake Hills
3423 Bee Caves, Suite 202A

West Lake Hills, TX 78

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

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