Subscriber Listing Agreement - BeautySurg.Com

Description of Service: This Subscriber Listing Agreement is entered into between BeautySurg.Com ("The Service") and the subscriber ("Specialist"), effective upon completion of the signup application. Danya Hoenig, DBA "BeautySurg.com" is the owner of the registered internet domain name BeautySurg.Com, and operates a website that provides users with access to a rich collection of on-line resources relating to beauty and vision enhancement surgery, including but not limited to articles, photographs, user submitted stories, specialist submitted articles, links to Internet resources, skincare and recovery products store, and interactive message boards. BeautySurg.com makes available this information to assist consumers in making decisions about beauty or vision enhancing services, and to assist them in locating a specialist to provide those services.

Term of Service: The specialist listing will be activated after completion of the online application and placement of link to Beautysurg.com from Specialist's website. Listing will remain online as part of the searchable database as long as Specialist maintains a link on the homepage of his or her website to Beautysurg.com. Specialist may discontinue the Listing at any time with a 15 day written notice. Specialist agrees that BeautySurg.com, in its sole discretion, may terminate Specialist's use of the Service and remove and discard any content within the Service, for any reason if BeautySurg.com believes that Specialist has violated or acted inconsistently with the letter or spirit of the Agreement.

Website Link: The link from Specialist's website should appear as one of the following

Cosmetic Surgery Supersite - Thousands of surgery recovery products and doctor recommended skincare. Also find before & after photos, free information, and message boards. (link to http://www.beautysurg.com)

Heal Safer, Heal Faster - Compression garments, healing supplements, cold and hot therapy, scar treatments, comfort pillows, and doctor recommended skincare. (link to http://shop.beautysurg.com)

Plastic Surgery Recovery Store - Compression garments, healing supplements, cold and hot therapy, scar treatments, comfort pillows, and doctor recommended skincare. (link to http://shop.beautysurg.com)

If a banner or graphic link is preferable, see our graphics or contact us to provide your request and size specifications.

Accuracy of Content: Specialist warrants to BeautySurg.com and to users of the BeautySurg.com website that the information provided by Specialist in the Specialist Signup Form is truthful and complete. Specialist further warrants that as required, he/she is licensed to practice in his/her field, and is in compliance with all local, state, and federal laws that govern Specialist's profession. The necessary data required on the Specialist Signup Form is to be provided by Specialist or his/her designee in the online Specialist Signup Form. (Provisions may be made by BeautySurg.com for alternate modes of data entry, when requested by Specialist). Specialist further agrees to notify BeautySurg.com immediately of any changes to content or accuracy of Specialist's listing.

Photograph Consent: Specialist warrants to BeautySurg.com that Specialist has obtained written permission for the use of any patient's photographs that render the patient identifiable and that Specialist has obtained specific authorization for publication of those photographs on the internet.

Before and After Photographs Publication: Specialist is eligible to publish in the BeautySurg.com photo gallery before and after photos. The number of pairs of photos is determined by the Google PageRank (PR) of the page on which the link to BeautySurg.com is placed, typically between 2 and 5 each. (Google Tool Bar that displays web page ranking can be download and installed from http://toolbar.google.com). If you are unable to determine your PageRank, Beautysurg.com will verify that information for you.

Disclaimer of Warranties: SPECIALIST EXPRESSLY UNDERSTANDS AND AGREES THAT:

a. USE OF THE SERVICE IS AT SPECIALIST'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEAUTYSURG.COM 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.

b. WHILE EVERY EFFORT WILL BE MADE TO EXCEED SUBSCRIBER'S EXPECTATIONS, BEAUTYSURG.COM MAKES NO WARRANTY THAT:
(i) THE SERVICE WILL MEET SPECIALIST'S REQUIREMENTS AND
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE Limitation of Liability: SPECIALIST EXPRESSLY UNDERSTANDS AND AGREES THAT BEAUTYSURG.COM SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) SPECIALIST'S USE OR INABILITY TO USE THE SERVICE, (II) SPECIALIST'S FAILURE TO OBTAIN PERMISSION TO POST PATIENT'S BEFORE AND AFTER PHOTOGRAPHS, INCLUDING USE OF PHOTOS FOR PUBLICATION ON THE INTERNET
(III) ANY OMISSIONS OR ERRORS IN THE INFORMATION PROVIDED BY SUBSCRIBER IN THE SUBSCRIBER SIGNUP FORM, OR
(IV) FAILURE BY SUBSCRIBER TO UPDATE THE INFORMATION ON THE SUBSCRIBER LISTING. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY.

General Information: The Subscriber Listing Agreement constitutes the entire agreement between Subscriber and BeautySurg.com. The Agreement and the relationship between Subscriber and BeautySurg.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. Subscriber and BeautySurg.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of BeautySurg.com to exercise or enforce any right or provision of the Subscriber Listing Agreement shall not constitute a waiver of such right or provision. If any provision of the Subscriber Listing Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Subscriber agrees that regardless of any statute or law to the contrary, any claim or cause of action Subscriber alleges arising out of or related to use of the Service or the Subscriber Listing Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

After reading, please close this page by clicking on the red x in the corner and proceed with online application. We welcome you to BeautySurg.com, and look forward to a mutually beneficial and productive relationship. Thank you!