These Terms of Service (“Terms”) apply to your access to and use of the websites and other online products and services (collectively, the “Services”) provided by Concierge Booking, LLC d/b/a Elite Aesthetics (“Elite Aesthetics”, “we”, “us” or “our”). By clicking “I Accept” or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14. If you do not agree to these Terms, do not use our Services.
DISCLAIMER: ELITE AESTHETICS PROVIDES THIS SERVICE TO ASSIST YOU IN FINDING A PLASTIC SURGEON AS A CONVENIENCE. ELITE AESTHETICS DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE COMPLETELY SATISFIED WITH THE QUALITY OF CARE OR THE SUITABILITY FOR YOUR NEEDS OF THE PARTICULAR SURGEON THAT YOU DECIDE TO SELECT. YOU ACKNOWLEDGE AND AGREE THAT EACH CLINICIAN IS SOLELY RESPONSIBLE FOR THEIR OWN ACTS AND OMISSIONS.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at firstname.lastname@example.org
You must be at least eighteen (18) years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may not access or use our Services for any reason whatsoever. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
Patient Authorization Form
Our Services may collect health information identifiable to you (“Health Information”) . We will only use your Health Information as expressly authorized by you in a Patient Authorization Form (a copy of which is available here). You may revoke this authorization at any time. If we do not have your authorization we will not use or otherwise disclose your Health Information. By accepting these Terms, you acknowledge that you are not required to sign the Patient Authorization Form and that use of our website is not conditioned on such signature. However, you understand and acknowledge that our Services may be limited if we are unable to disclose your Health Information to physician-partners of Elite Aesthetics (“EA Partners”) in the provision of our Services. In the event you do execute a Patient Authorization Form, the terms therein will control with respect to that authorization.
Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Sell, resell or commercially use our Services;
Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users or EA Partners from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
Develop or use any applications that interact with our Services without our prior written consent; or
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Enforcement of this Section is solely at Elite Aesthetics discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Elite Aesthetics or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
Elite Aesthetics, our trademarks and logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Elite Aesthetics and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Elite Aesthetics or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Elite Aesthetics’s sole discretion. You understand that Elite Aesthetics may treat Feedback as nonconfidential to the extent it does not include your Health Information.
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Elite Aesthetics does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Elite Aesthetics, its affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Elite Aesthetics Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Elite Aesthetics Parties of any third-party Claims, cooperate with Elite Aesthetics Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Elite Aesthetics Parties will have control of the defense or settlement, at Elite Aesthetics’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Elite Aesthetics or the other Elite Aesthetics Parties.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Elite Aesthetics does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. Elite Aesthetics cannot warrant or guarantee that you will be completely satisfied with the quality of care or the suitability for your needs of the particular physician or surgeon that you decide to select. While Elite Aesthetics attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
Limitation of Liability
To the fullest extent permitted by applicable law, Elite Aesthetics and the other Elite Aesthetics Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Elite Aesthetics or the other Elite Aesthetics Parties have been advised of the possibility of such damages.
The total liability of Elite Aesthetics and the other Elite Aesthetics Parties for any claim arising out of or relating to these Terms, arrangements with EA Partners, or our Services, regardless of the form of the action, is limited to the greater of $100or the amount paid by you to use our Services.
The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Elite Aesthetics or the other Elite Aesthetics Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Elite Aesthetics and the other Elite Aesthetics Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Elite Aesthetics and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial. For the avoidance of doubt, you and Elite Aesthetics waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court.
No Representative Actions. You and Elite Aesthetics agree that any dispute arising out of or related to these Terms or our Services is personal to you and Elite Aesthetics and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Elite Aesthetics will not have the right to assert the claim.
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Arizona, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Arizona or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Arizona and the United States, respectively, sitting in Phoenix, Arizona.
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Elite Aesthetics to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.