THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

 

The Contents of the Surgery.com Site, such as text, graphics, images, information obtained from Surgery.com's licensors, and other material contained of the Surgery.com Site ("Content") are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition.

 

If you think you may have a medical emergency, call your doctor or 911 immediately. Surgery.com does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Site.

 

Reliance on any information provided by Surgery.com, Surgery.com employees, others appearing on the Site at the invitation of Surgery.com, or other visitors to the Site is solely at your own risk. The Site may contain health-or-medical- related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

 

LIABILITY OF SURGERY.COM AND ITS LICENSORS.

 

The use of the Surgery.com Site and the Content is at your own risk. When using the Surgery.com Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Surgery.com and its suppliers. Accordingly, Surgery.com assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Surgery.com Site.

 

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Surgery.com or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Surgery.com. All rights not expressly granted herein are reserved to Surgery.com and its licensors.

 

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

 

The Surgery.com Site and the Content are provided on an "as is" basis. SURGERY.COM, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT OF THIRD PARTIE'S RIGHT, AND FITNESS FOR PARTICULAR PURPOSE.

 

Without limiting the foregoing, Surgery.com, its licensors, and its suppliers make no representations or warranties about the following:

 

 

In no event shall Surgery.com, its licensors, its suppliers, or any third parties mentioned on the Surgery.com Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Surgery.com Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Surgery.com is advised of the possibility of such damages. Surgery.com is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

 

 

PUBLIC AREAS

 

The personal information you submit to Surgery.com is governed by the Surgery.com Privacy Policy. To the extent there is an inconsistency between this Agreement and the Surgery.com Privacy Policy, this Agreement shall govern.

 

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

 

If you make any such submission You agree that you will not send or transmit to Surgery.com by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Surgery.com by email, you agree such submission is non-confidential for all purposes.

 

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Surgery.com by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Surgery.com a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Surgery.com may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Surgery.com by email. We try to answer every email in a timely manner, but are not always able to do so.

 

You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

 

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

 

By uploading any media on the Surgery.com site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless

you have their explicit permission.

 

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the Surgery.com Advertising Policy and the Surgery.com Privacy Policy.

 

You agree that you will not upload any material that contains software viruses or

any other computer code, files or programs designed to interrupt, destroy or limit

the functionality of any computer software or this Web site.

 

By uploading any media like a photo or video, (a) you grant to Surgery.com a perpetual,

non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Surgery.com to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Surgery.com and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

 

Surgery.com reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

 

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

 

 

Surgery.com reserves the right (but is not obligated) to do any or all of the following:

 

 

Surgery.com or its licensors have no liability or responsibility to users of the Surgery.com Site or any other person or entity for performance or nonperformance of the aforementioned activities

 

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.

 

Surgery.com may select certain sites as priority responses to search terms you enter and Surgery.com may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Surgery.com does not recommend and does not endorse the content on any third -party websites. Surgery.com is not responsible for the content of linked third-party sites, sites framed within the Surgery.com Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the Terms of Use for such sites. Surgery.com does not endorse any product advertised on the Surgery.com Site.

 

INDEMNITY.

 

You agree to defend, indemnify, and hold Surgery.com, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

 

GENERAL.

 

Surgery.com is based in San Francisco, CA, in the United States of America.

Surgery.com makes no claims that Surgery.com Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Surgery.com Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

The following provisions survive the expiration or termination of this Agreement for

any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

 

JURISDICTION.

 

You expressly agree that exclusive jurisdiction for any dispute with Surgery.com, or in any way relating to your use of the Surgery.com Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Surgery.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

 

These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

COMPLETE AGREEMENT.

 

Except as expressly provided in a particular "legal notice" on the Surgery.com Site, these Terms of Use and the Surgery.com Privacy Policy and Agreement constitute the entire agreement between you and Surgery.com with respect to the use of the Surgery.com Site, and Content.

 

Thank you for your cooperation. We hope you find the Surgery.com site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to info@Surgery.com or via U.S. mail to Surgery.com LLC at 880 Harrison Street, Suite 204A, San Francisco, CA 94107.

 

Effective: January 2009