Brooks Plastic Surgery (“BPS”) owns this Website and retains the rights to all text, logo or graphic images appearing herein, and all such material is protected by copyright, trademark, and other laws. Nothing in these TOU transfers any rights in such materials to you or any third party.
Description of Services
This Website may permit you to request a quote for services or a product from one or more third parties, including, but not limited to home improvement contractors and trades people. If you provide your personally identifiable information on the Website and request a quote we may share your personally identifiable information with our affiliates or to other third parties. The affiliate or third party may also share any personally identifiable information provided by you in connection with your request for a quote. By filling out our application form or request for a quote on the Website, you expressly consent to such disclosure and use of your personally identifiable information. Furthermore, you expressly consent to the affiliate or third party conducting any research necessary to provide you with a requested quote. Requested service providers may need to share your personally identifiable information to conduct such research.
The Website reserves the right to make any Website Changes at any time and in any manner, without prior notice.
Website for Personal Use
The Services offered on this Website are for your personal use. Except as otherwise expressly stated, you may not modify, copy, distribute, transmit, display, perform, publish, license, create or derive works from, transfer, or sell any information, software, products or services obtained from the Services.
No Guarantees or Endorsements
We make no guarantees or representations regarding the skills or representations of service professional or the quality of the job that he or she may perform for you if you elect to purchase their services. We do not guarantee or warrant any service professional’s performance on the job or the outcome or quality of the services performed. The service professionals are not our employees or agents and we are not an agent of the service professionals. We do not endorse or recommend the services of any particular service professional. It is solely your responsibility to evaluate a service professional’s qualifications, and to enter into a direct contract with a service professional.
No Contracting Through This Website
Any offers or discounts made by a service professional are made solely by them, and we do not guarantee or warrant the pricing or discounts that a service professional may offer you. Quotes provided by Service Professionals are not contractually binding offers, are for informational purposes only, and cannot be accepted through this Website. You must contract directly with the service professional and we do not perform, and are not responsible for, any of the services requested by you.
Release from Damages or Claims
You must resolve any contract disputes with YOUR service professional directly and AGREE TO RELEASE THE OWNERS AND OPERATORS OF THIS WEBSITE (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
No Prohibited or Unlawful Use
As a condition of your use of this Website and the Services, you agree that you will not use the Services for any purpose that is prohibited by these TOU or unlawful. You may not use the Services in any manner that could damage, disable, overburden, or impair any Website server, or the network(s) connected to any Website server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services provided by the Website. All information about our service professionals is confidential and for your personal, non-business use only. If, in its sole discretion, BPS finds that you are misusing or attempting to misuse or circumvent the BPS services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, BPS reserves the right to immediately terminate your access to this Website without advance notice and to initiate such legal actions or proceedings necessary to seek the appropriate remedies and/or damages, including but not limited to lost revenue, costs and expenses, legal fees and injunctive or other equitable relief. You further agree that you will not use the Website content or our service professionals’ profiles data to solicit our service professionals for any purpose other than your personal, non-commercial use, to compete with BPS , or for any other purpose not contemplated herein. You agree that any violation of the foregoing will result in significant damages to BPS , for which damages you agree to be liable. You agree to indemnify BPS for any third party claims against BPS based on or arising from your violation of any terms of this Agreement. BPS reserve the right to revoke your access to any of its products or properties at any time.
Consent to Be Contacted
By your use of this Website you are requesting and expressly consenting to being contacted by our service professionals and/or BPS by telephone, email, mail, fax or other means for any purpose and/or marketing message related to our services or your request, even if you are listed on any federal, state or other applicable “Do Not Call” list.
We do not knowingly solicit data online from, or market online to, or provide services to children under the age of 13.
Third Party Service Providers
The Website may contain links to, or information about other parties that may provide services or information of interest to you. The BPS is not responsible for the services, information or products offered by the third party service providers. We do not endorse or guarantee the content, information, products or services provided by third party service providers.
The selection of a third party service provider included on this Website and the transaction of business with that party is your sole responsibility and should be undertaken only after a thorough investigation. The third party service provider is solely responsible for its actions and services to you, and you agree that the BPS shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of any service provider.
Where permitted by law, the Website may receive marketing fees from a third party service provider. Your use of this Website is your agreement with this compensation arrangement.
A link to a third party’s website (“Linked Sites”) does not mean that this Website endorses or accepts any responsibility for the content, functioning or use of such website, and you enter any such website at your own risk. You agree that this Website has no control over or liability for information on Linked Sites. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that are different from the provisions provided on this the Website. Website is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Disclaimer of Warranties
THE CONTENT, SERVICES, FORMS, DOCUMENTS AND ALL OTHER INFORMATION OR SERVICES AVAILABLE ON THIS WEBSITE, INCLUDING TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY LINKED SITE, WHETHER AFFILIATED OR UNAFFILIATED WITH THIS WEBSITE, WHICH YOU MAY VISIT THROUGH THIS SITE, ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE,” BY THIS WEBSITE, AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THIS WEBSITE OR SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (VIII) THAT THIS WEBSITE, SERVICES OR DOCUMENTS IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY THIS WEBSITE TO MODIFY THE WEBSITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS.
THE WEBSITE, SERVICES, FORMS AND DOCUMENTS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE WEBSITE AND/OR ITS SERVICE PROVIDERS MAY MAKE CHANGES IN THE SITE, SERVICES, FORMS AND DOCUMENTS AT ANY TIME AND FROM TIME TO TIME.
Limitation of Liability
THE WEBSITE AND BPS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWEVER CAUSED, WHETHER ARISING UNDER THESE TOU OR OTHERWISE AND EVEN IF THE WEBSITE OR BPS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES,TROJANS,WORMS, OR OTHER MALICIOUS DIGITAL CODE THAT MAY INFECT A USER’S EQUIPMENT; THE FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS; UNAUTHORIZED ACCESS; THEFT; OPERATOR ERRORS; STRIKES OR OTHER LABOR PROBLEMS; OR ANY FORCE MAJEURE EVENT.
Your sole and exclusive remedy, and BPS’s sole obligation to you or any third party for any claim arising out of your use of the website or BPS services or THE Service Providers, is that you are free to discontinue your use of the Website and BPS services or THE Service Providers at any time.
IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WEBSITE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW.
You agree to defend, indemnify, and hold the BPS, its affiliates, subsidiaries, parent company and their officers, directors, employees, agents, and contractors harmless from and against any and all claims, liabilities, losses, suits, damages, disputes, or expenses, including reasonable attorney’s fees and costs, arising out of or in any way related to your use of the Website, the Services, the Service Providers, Forms or the Documents including any third party claims and any dispute between you and a Service Provider you have chosen.
We reserve the right to discontinue providing or terminating your access to the Website at any time.
You agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles, will apply to all matters relating to the use of this Website. You further agree that exclusive jurisdiction for all disputes, claims or controversies relating to use of this Website shall be only in the federal or state court with competent jurisdiction in the State of Florida. You consent to the exercise of personal jurisdiction by such courts in any such action.
Statute of Limitations
Regardless of any law to the contrary, any claim or cause of action arising out of or related to the use of this Website must be filed within one (1) year after the claim or cause of action arose or be forever barred.
Any claim, dispute or controversy between you and this Website, BPS(or any parent, subsidiary, affiliate, predecessor, successor or assignee, or any officer, director, employee, agent or representative of you or this Website or BPS) arising from or relating to the use of this Website, the Services of this Website, or these TOU (“Claim”), shall be resolved by binding arbitration pursuant to the applicable rules of the American Arbitration Association in effect at the time the Claim is filed. This includes Claims of every kind and nature, including Claims relating to the validity, enforceability or scope of this Arbitration Agreement and the remainder of these TOU; Claims relating to any advertising or promotional materials that contain information about these TOU or this Website, Services, Forms or Documents; initial claims, counterclaims, cross-claims and third-party claims; and Claims based upon contract, tort, fraud, misrepresentation and other intentional torts, constitution, statute, ordinance, regulation, common law, and equity.
These TOU constitute the entire agreement between you and this Website (or any parent, subsidiary, affiliate, predecessor, successor or assignee, or any officer, director, employee, agent or representative of this Website), and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and this Website with respect to this Website, Services, Forms and Documents.