MasterSurgeon.com Terms of Service
MasterSurgeon.comWebsite Terms of Service
This is the MasterSurgeon.com Website Terms of Service (“TOS”). It applies to www.MasterSurgeon.com, sf.mastersurgeon.com and any subdomain of mastersurgeon.com (collectively "The Websites"). When using the Websites and services (the "Websites"), you agree to the terms and conditions listed on this page (the "Terms of Service"). If you do not agree to these Terms of Service then do not utilize the Websites or Download any applications from these Websites.
General Terms of Service
The Websites are brought to you by MasterSurgeon, LLC, A California Limited Liability Company ("MasterSurgeon.com "). You are permitted to use the Websites for personal, non-commercial purposes only.
By using the Websites, you agree to be legally bound and to abide by these Terms of Service, just as if you had signed this Agreement. If you do not comply with these Terms of Service at any time, MasterSurgeon reserves the right to terminate your access to the Website. MasterSurgeon may discontinue or alter any aspect of the Website, including, but not limited to, (a) restricting the time the Website is available, (b) restricting the amount of use permitted, and (c) restricting or terminating any user's right to use the Website, at MasterSurgeon’s sole discretion and without prior notice or liability.
Content and Materials
By visiting our Websites - you acknowledge that the Websites contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. All Content is copyrighted as a collective work under the U.S. copyright laws, and MasterSurgeon owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The MasterSurgeon name and logo are trademarks of MasterSurgeon, LLC. All other trademarks appearing on the Website are trademarks of their respective owners. MasterSurgeon’s physician members and partners may also have additional proprietary rights in the content that they make available through the Website. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other Web site or networked computer environment is strictly prohibited. In the event you download software or applications, including mobile applications provided by MasterSurgeon, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by MasterSurgeon pursuant to a license agreement (“EULA”) governing the Software. MasterSurgeon does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
License to the site
MasterSurgeon grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with this Terms of Service. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this Terms of Service.
From time to time, and at its sole discretion, MasterSurgeon may make available to users certain software that may be downloaded from this Site. In the event you download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by MasterSurgeon. MasterSurgeon does not transfer title to the Software to you. You own the medium on which the Software is recorded, but MasterSurgeon retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Submissions and Communication
If you submit content to our websites (e.g., contest submissions, polling questions, registrations) or you send us creative or technology suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions or Communication shall be deemed, and shall remain, the property of MasterSurgeon. None of the Submissions shall be subject to any obligation of confidence on the part of MasterSurgeon, and MasterSurgeon shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, MasterSurgeon shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Disclaimers of Warranties
NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE WEBSITES ARE OWNED AND OPERATED BY MASTERSURGEON, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND ITS SUBSIDIARY AND AFFILIATE CORPORATIONS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY REFERRED TO HEREIN AS THE "PROTECTED PARTIES").
THE WEBSITES ARE PROVIDED 'AS IS' AND YOU USE THEM AT YOUR SOLE RISK. MASTERSURGEON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITATION, MASTERSURGEON AND THE PROTECTED PARTIES MAKE NO WARRANTY THAT THE WEBSITES OR ANY SOFTWARE DISTRIBUTED THEREFROM WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. MASTERSURGEON AND THE PROTECTED PARTIES MAKE NO GUARANTEES AS TO THE WEBSITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY ACCESS AS A RESULT OF THE USE OF THE WEBSITES OR SOFTWARE, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II) WHETHER ANY USE OF THE WEBSITES OR THEIR SERVICES MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT.
PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM MASTERSURGEON PERSONNEL OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROTECTED PARTIES AND THEIR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES. IN NO EVENT SHALL THE PROTECTED PARTIES TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, SOLELY FOR ACCESSING THE WEBSITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE PROTECTED PARTIES, THEIR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE WEBSITES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MASTERSURGEON OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and Modification
You agree that MasterSurgeon, in its sole discretion, may terminate your account (or any part thereof) or use of the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if MasterSurgeon believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Further, you agree that MasterSurgeon shall not be liable to you or any third-party for any termination of your access to the Website. We reserve the right, at our discretion, to change, add, or remove portions of these Terms of Service at any time. Please check back at this web page periodically for changes. Your continued use of MasterSurgeon following the posting of changes to these terms will mean you accept those changes.
Governing Law and Other Miscellaneous Terms
Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Unless expressly stated to the contrary elsewhere, all legal issues arising from or related to the use of the Website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of California applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms of Service or your use of the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in California having jurisdiction thereof.
The state and federal courts of California shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Service. If any provision of these terms shall be 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. This is the entire agreement between you and MasterSurgeon relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of MasterSurgeon 's successors, assigns and licensees.
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Websites for any commercial purpose.
Non-United States Residents
MasterSurgeon makes no representation that the Websites Materials and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
If you believe that any content appearing on the Websites has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Attn: Business Affairs
By this filing, MasterSurgeon seeks to preserve any and all exemptions from liability that may be available under the copyright law. However, by such action, MasterSurgeon does not stipulate that it is a service provider as defined in 17 U.S.C. § 512 (c) or elsewhere in the law.
Effective Date: March 1, 2012