Terms of Service & Registration Agreement

1. We are not involved in the actual transaction between clients and professionals. As a result, we have no control over the quality, performance, timing, and legality of any service actually purchased.


2. We have no control over the truth or accuracy of either the client's request or the professional's response. Nor do we guarantee the accuracy of the content that is posted on our site by our Users. Users should never rely exclusively on the content posted by other Users and should always independently verify all such information.


3. We have no control over the ability of professionals to deliver services as promised or the ability of clients to purchase services as promised.


4. We cannot confirm or authenticate the identity of any client or professional. Users are solely responsible for authentication of identity. Users acknowledge that identities may be concocted and that other users may be underage, acting under false pretenses, or acting without authority.


5. Users are strongly advised to authenticate the identity of other users using traditional offline methods such as the Better Business Bureau, local professional organizations, references, licensing bureaus, credit reports, etc.

Registration: By using our service you represent and warrant all of the following:

1. You are 18 years of age or over and have the legal authority to enter into this agreement.


2. You will use this website in accordance with all of the terms, conditions and rules set forth in this agreement.


3. All the information provided by you and anyone using your account is true and accurate.


4. You will not use this website to create false, misleading, or fraudulent requests for proposals, proposals, email, comments or other communications.


5. You will only use this website only for the purpose for which it was intended, i.e. to either create legitimate request for proposals when professional services are needed or to respond to requests for proposals when professional services are being offered.


6. You will not manipulate any request for proposal, proposal, email, feedback rating or otherwise misuse the Cosmetic Surgery & Skin Care News service.


7. You will submit, accept and respond to information only from your own account and will never use any automated device, software program, algorithm, or bot program to create or respond to requests or otherwise extract information from our website.


8. Any attempt to manipulate a professional's feedback history either positively or negatively is fraudulent and could be in violation of criminal laws. You agree not to manipulate a professional's feedback history in any way.

If you register as a professional, you represent and warrant (1) that you are authorized to sign for and bind your company, and (2) that your company's business is authorized to operate as identified on the registration form. All users shall provide current, complete and accurate information, and then keep all information current and up to date. Cosmetic Surgery & Skin Care News reserves the right to reject any registration if it determines at its sole discretion that the user is not an appropriate user of Cosmetic Surgery & Skin Care News service.



LIMITATION OF OUR LIABILITY

4. Disclaimer: Cosmetic Surgery & Skin Care News DOES NOT SCREEN OR IN ANY WAY PRE-QUALIFY ANY USER, AND CONSEQUENTLY CANNOT AND DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PROFESSIONAL OR CLIENT. Cosmetic Surgery & Skin Care News MAKES NO REPRESENTATION AS TO THE QUALITY OF PROFESSIONALS OR CLIENTS USING OUR SERVICE. Cosmetic Surgery & Skin Care News OFFERS NO ADVICE ON WHICH PROFESSIONAL TO SELECT OR WHETHER A USER SHOULD BE ACCEPTED AS A CLIENT. Cosmetic Surgery & Skin Care News IS NOT AN AGENT OR BROKER ACTING ON BEHALF OF ANY USER. IT IS THE SOLE RESPONSIBILITY OF THE USER TO CONDUCT DUE DILIGENCE BEFORE ENTERING INTO ANY BUSINESS ARRANGEMENT WITH ANOTHER USER.

5. No Warranty: Cosmetic Surgery & Skin Care News MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES, information AND SOFTWARE CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH SERVICE, information AND SOFTWARE ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. Cosmetic Surgery & Skin Care News SPECIFICALLY DISCLAIMS ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS OF USE.

6. Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Cosmetic Surgery & Skin Care News OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, GOODWILL, OR ANTICIPATED OR LOST PROFITS) THAT RESULT FROM THE USE OF OR INABILITY TO USE Cosmetic Surgery & Skin Care News's SERVICES. Cosmetic Surgery & Skin Care News IS NOT LIABLE FOR THE COST OR PROCUREMENT OF SUBSTITUTE SERVICES, TECHNOLOGY, OR DATA. Cosmetic Surgery & Skin Care News's TOTAL AGGREGATE LIABILITY ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT AND THE USE OF OUR WEBSITE WILL NOT EXCEED THE AMOUNT RECEIVED BY Cosmetic Surgery & Skin Care News FROM A USER DURING THE 12 MONTHS PRIOR TO THE OCCURRENCE OF THE FACTS GIVING RISE TO SUCH A CLAIM. USER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT Cosmetic Surgery & Skin Care News IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES OR SOFTWARE AVAILABLE FROM Cosmetic Surgery & Skin Care News OR ITS AFFILIATES.

7. Indemnity: User hereby agrees at his or her own expense, to indemnify, defend and hold Cosmetic Surgery & Skin Care News harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (1) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by User, (2) any fraud, manipulation, or other breach of this Agreement by a User, or (3) any third-party claim, action or allegation brought against Cosmetic Surgery & Skin Care News arising out of or relating to a dispute with a User over the terms and conditions of a contract or related to the purchase and sale of any service. Cosmetic Surgery & Skin Care News will have the right to participate in its defense and hire counsel of its choice, at User's expense. User will not settle any action or claims on Cosmetic Surgery & Skin Care News's behalf without the prior written consent of Cosmetic Surgery & Skin Care News.

8. No Guarantee: Cosmetic Surgery & Skin Care News does not guarantee that professionals joining our service will receive any new client leads or any new business, or that clients joining our service will receive any proposals from any professionals. In matching clients and professionals, Cosmetic Surgery & Skin Care News will use reasonable efforts to match clients with professionals who mutually seek do business with each other, but does not guarantee that any contact provided will be adequate or best suited for any transaction. Cosmetic Surgery & Skin Care News's sole responsibility is to process Requests for Proposals and Proposals, make information available, and to provide contact information to clients and professionals. Cosmetic Surgery & Skin Care News is not involved in any transaction between client and professional; is not a party to, a third-party beneficiary of, or guarantor of performance with respect to any agreement between a client and a professional. Specifically, Cosmetic Surgery & Skin Care News does not control the availability of services, the terms on which services are offered and accepted, whether a professional will respond to a Request for Proposal, whether a professional's proposal will meet the criteria set forth by a client, whether a professional will perform satisfactorily, or whether a client will pay for services rendered.

9. No Guarantee re: Accessibility to Site: We do not guarantee continuous, uninterrupted or secure access to our website or services. Operation of our website may be interfered with and interrupted by numerous factors within or outside of our control. IN NO EVENT SHALL Cosmetic Surgery & Skin Care News BE LIABLE FOR ANY DAMAGES OF ANY TYPE INCLUDING BUT NOT LIMITED TO LOST PROFITS, DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES THAT ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH ANY INTERRUPTION IN SERVICE.

10. Release and Indemnification: Because Cosmetic Surgery & Skin Care News does not and cannot be involved in user-to-user transactions, in the event that one user has a dispute with another user, all users release Cosmetic Surgery & Skin Care News and our agents, employees and assigns, from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If user is a California resident, user waives his or her rights under California Civil Code sec. 1542 which provides: "A general release does not extend to claims which the creditor does know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor."

11. No Responsibility for Content Posted on Our Website: Cosmetic Surgery & Skin Care News does not screen or review content that is posted on our website. Consequently, Cosmetic Surgery & Skin Care News is not and cannot be responsible for the content. You agree that all content including information, data, text, photos, music, graphics, video and other materials whether publicly posted or privately transmitted is the sole responsibility of the party from which such content originated. As such, you understand and accept that by using this service you may be exposed to content that is offensive, inaccurate, indecent or objectionable. Cosmetic Surgery & Skin Care News makes no warranty as to the accuracy of the content and expressly disclaims any and all liability for any claims of damage that may arise from the posting of content. Uses specifically agree that Cosmetic Surgery & Skin Care News shall not be liable for any content posted on or communicated through our website. Users assume and bear all the risk of using any user-generated content posted on our site in the event such content turns out to be inaccurate or misleading.

12. Right to Remove: Cosmetic Surgery & Skin Care News reserves the right not to post or to remove any content posted on our website without notice and without liability to Cosmetic Surgery & Skin Care News. Cosmetic Surgery & Skin Care News is under no obligation to remove any content and does so at its sole discretion. Users release Cosmetic Surgery & Skin Care News from any and all claims that may result from such removal. If Cosmetic Surgery & Skin Care News is made aware of comments that are potentially (1) libelous, scandalous, defamatory, offensive or otherwise unacceptable, undesirable, or objectionable, or (2) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy, then Cosmetic Surgery & Skin Care News may, at its sole discretion, investigate the charge and determine whether removal of the Feedback is warranted.


PROHIBITED USE

13. General: Users shall not use any information contained on our website for direct marketing or other sales contacts outside of the Cosmetic Surgery & Skin Care News Service. Clients gain access to information that Professionals provide with the understanding that it will be kept confidential and used only for the purposes for which our website is intended, which is to match clients needing services with professionals offering services.

14. Offensive, Libelous or Illegal Content: Users shall not upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, false, misleading, fraudulent, or racially or ethnically objectionable. Violation of this rule may result in termination of user privileges. Cosmetic Surgery & Skin Care News reserves the right to unilaterally determine what is offensive. Users acknowledge that because of the nature of the Internet, communications and postings may be offensive, harmful, inaccurate, deceptive, false or libelous.

15. Specific Prohibited Activity: All of the following activities are prohibited: Manipulating the content of another user. Impersonating any person or entity or misrepresenting your affiliation with another person or entity. Forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through our service. Uploading, posting, emailing or otherwise transmitting any content that you do not have the legal right to transmit. Transmitting in anyway unsolicited or unauthorized advertising, promotional materials, direct marketing pieces, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitations not authorized by Cosmetic Surgery & Skin Care News. Transmitting in any way materials that contain viruses, or any type of computer codes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Using an automated devise, program, algorithm or bot program to create or respond to request, or to otherwise extract information from our website. Interfering with or disrupting our service or the servers or networks connected to our service. Stalking another user.

16. Feedback: User is obligated and responsible to be truthful, honest and fair in all statements he or she makes when leaving feedback. Users are prohibited from engaging in the following:

1. Leaving offensive, libelous or illegal comments.


2. Submitting any Feedback not based on direct experience with the Professional that is the subject of the Feedback.


3. Attempting to manipulate the Feedback scores of any Professional by any method.

Violation of this section may result in termination of User privileges. Cosmetic Surgery & Skin Care News reserves the right to remove a User from the system and to remove feedback comments if it determines in its sole discretion that a violation has occurred or that the integrity of our website so requires.

Marketing, promoting or publishing Cosmetic Surgery & Skin Care News's feedback rating and comments in any other venue other than on the Cosmetic Surgery & Skin Care News website is strictly prohibited.


INTELLECTUAL PROPERTY RIGHTS

17. Ownership: Cosmetic Surgery & Skin Care News retains ownership of all right, title and interest in and to the Cosmetic Surgery & Skin Care News services and all content on our site. User retains ownership of content he or she posts on our site. User does not transfer ownership or copyrights by posting content on our site. User shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose the Cosmetic Surgery & Skin Care News services, and/or content or access to the Cosmetic Surgery & Skin Care News services and content. User shall not reverse engineer, decompile, or otherwise attempt to derive source code from any software accessible or available through the Cosmetic Surgery & Skin Care News services.

18. User information: By submitting, posting, uploading or sending any content including Requests, Proposals, Emails, Feedback, photos or any other content on or through our website, User grants to Cosmetic Surgery & Skin Care News and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content and information for the sole purpose of promoting User on the Cosmetic Surgery & Skin Care News site. User also warrants that the holder of any intellectual property or other proprietary rights in that information have been licensed, waived or assigned to the extent necessary to grant the license from User to Cosmetic Surgery & Skin Care News above. Cosmetic Surgery & Skin Care News's use of Subscriber information is subject to the Privacy Policy.

19. Software: Software made available to download or use from our website is the copyrighted work of Cosmetic Surgery & Skin Care News. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies the software. You may not use any software unless you first agree to the license agreement terms. Cosmetic Surgery & Skin Care News grants to you a personal, nontransferable license to use our software for viewing and otherwise using this website in accordance with these terms, conditions and notices, and for no other purpose. All software, including without limitation contained in this website, is owned by Cosmetic Surgery & Skin Care News and is protected by copyright laws and International treaty provisions. Any reproduction or redistribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You acknowledge that the software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

20. Copyright and Trademark: The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, any copying, redistribution, or publication of any such content or any part of the Site is prohibited. All contents of this website are: Copyright © 2002 Cosmetic Surgery & Skin Care News, 158 Saint Vincent\, Irvine, CA U.S.A. All rights reserved.

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TERMINATION AND MODIFICATION OF AGREEMENT

21. Modification of Site: Cosmetic Surgery & Skin Care News reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the website. Cosmetic Surgery & Skin Care News may discontinue or revise any or all aspects of the website in its sole discretion and without prior notice.

22. Modification of Terms of Agreement: Cosmetic Surgery & Skin Care News reserves the right to change the terms, conditions, and notices under which this website is offered at any time. Modification of this contract will be deemed effective upon publication on the website with respect to any user's actions, communications or transactions occurring after said date. It is your responsibility to check terms and conditions of this Agreement at the time of each use.

23. Termination: Cosmetic Surgery & Skin Care News reserves the right to terminate any User for any reason, including without limitation to whenever a User breaches any of the terms or conditions of this Agreement. Cosmetic Surgery & Skin Care News may, at its sole discretion, suspend provision of services (including access) or terminate this Agreement. Whether or not a breach results in suspension or termination depends on several factors, including but not limited to the severity of the breach, the potential harm to other users or to Cosmetic Surgery & Skin Care News or the integrity of the Cosmetic Surgery & Skin Care News site, and whether or not the breach is repeated or cured. Termination may be affected without any prior notice. Users agree that no liability shall arise from any termination.

User may terminate this agreement at any time by providing notice to Cosmetic Surgery & Skin Care News. Upon termination, user shall cease to use the Cosmetic Surgery & Skin Care News service and content. There are no refunds for fees previously paid.

MISCELLANEOUS

24. Entire Agreement. No Severability or Unintentional Waiver. This Agreement constitutes the entire agreement between the User and Cosmetic Surgery & Skin Care News with respect to the Cosmetic Surgery & Skin Care News's services and supersedes all prior agreements between User and Cosmetic Surgery & Skin Care News. No amendment or modification hereof will be valid or binding upon either party unless made in writing and signed by the authorized representatives of both parties. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.

25. Arbitration: Any dispute, controversy, or claim arising out of, relating to, or concerning the interpretation or performance of this Agreement that cannot be resolved through negotiation shall be submitted to binding arbitration by the American Arbitration Association in accordance with its rules. Such arbitration shall occur in Orange, California. The American Arbitration Association shall have exclusive jurisdiction over any such dispute. Any judgment on the award rendered by the arbitrator, if any, may be entered in any court having jurisdiction thereof.

26. Governing Law: The laws of the United States of America and the State of California (excluding its choice of law rules) will govern interpretation and enforcement of this Agreement. User hereby consents to personal jurisdiction in the federal and state courts of California for any action arising out of or relating to use of the Cosmetic Surgery & Skin Care News website. The federal and state courts Orange County, California will have non-exclusive jurisdiction over all such actions.

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