New Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Richard J. Restifo, MD, PC (which includes www.restifoplasticsurgery.com, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Richard J. Restifo, MD, PC, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site. Subject to your compliance with these Terms of Use, the Company hereby grants you access to view and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name “Restifo Plastic Surgery”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at info@restifoplasticsurgery.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register or inquire with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://www.restifoplasticsurgery.com/privacy-policy/. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE.
10. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) your use of the Site or any services that the Company may provide via the Site, and (iv) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
11. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
12. This agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in New Haven County, Connecticut. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
13. You agree that you will hold harmless Restifo Plastic Surgery and its shareholders, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will Restifo Plastic Surgery or any of the information contributors to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if Restifo Plastic Surgery has been advised of the possibility of such damages.
14. You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of Restifo Plastic Surgery nor are they endorsed by Advice Media.
15. Restifo Plastic Surgery may provide links on the Website to other websites which are not under the control of Restifo Plastic Surgery. In general, any website which has an address (or URL) not containing ‘www.restifoplasticsurgery.com’ is such a website. These links are provided for convenience or reference only and are not intended as an endorsement by Restifo Plastic Surgery of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
16. You may provide hypertext links to this Website on another website, provided that: (a) the link be a text-only link clearly marked ‘Advice Media Site’, (b) the link must ‘point’ to the URL ‘www.restifoplasticsurgery.com’ and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Restifo Plastic Surgery‘s name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than Restifo Plastic Surgery is associated with or sponsored by Restifo Plastic Surgery, (e) the link, when activated by a user, must display this Website full-screen and not within a ‘frame’ on the linked website, and (f) Restifo Plastic Surgery reserves the right to revoke its consent to any link at any time at its sole discretion by amending this Terms of Use Agreement. You agree that any other hypertext links to this Website must be approved in writing by Restifo Plastic Surgery.
17. Advice Media, its logo, nameplates are trademarks of Advice Media and are protected by international laws and treaty provisions.
18. This Website (excluding linked sites) is controlled by Advice Media which is headquartered in the State of Utah, in the United States of America. It may be accessed from all 50 states, as well as from other countries around the world. Because each of these places has laws that may differ from those of Utah, by accessing this Website you agree that the statutes and laws of the State of Utah, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this Website. You also agree and hereby submit to the exclusive legal jurisdiction and venues of the Courts of Summit County, Utah and the United States District Court for the District of Utah with respect to such matters. Restifo Plastic Surgery and Advice Media. make no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is hereby prohibited. Individuals or organizations choosing to access this Website from other locations do so of their own initiative and are responsible for compliance with local laws.
19. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
Last Updated: July 30, 2018.
