Terms of Use
Copyright and Terms of Agreement
Your use of this Site constitutes your agreement to comply with the following terms and conditions (the "Agreement"):
Intellectual Property Rights
This Site and all materials contained on this Site, including but not limited to images, text, photographs, designs, icons and illustrations, except those already covered by existing copyright and intellectual property protections, are the property of Zachary Medical (hereafter "ZM"), and/or its owners or affiliates. To reproduce, republish, alter, upload, post, transmit, distribute or publicly display material from this Site, you will need written permission from ZM. The trademarks and logos used and displayed on this Site are trademarks of ZM and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the trademark owner. Users may view and download material from this Site only for personal, noncommercial home use, and such permission is deemed adequate consideration for this contract. ZM will aggressively enforce its intellectual property rights to the fullest extent of the law. Any rights not expressly guaranteed herein are reserved by ZM.
Product/Advice Disclaimer
This web site does not offer medical advice, or attempt to diagnose or treat any medical condition. If you have a medical problem please make an appointment to see a physician in your area. All devices/products should be used as directed.
The information provided by this website or this company does not substitute for a face-to-face consultation with a physician and should not be construed as individual medical advice.
Information/Recommendations Disclaimer
The intent of this site is to present the author's ideas and perceptions about the marketing, selling, and use of such device/products. The author's sole purpose is to present consumer information and advice regarding the use of such device/products. The information and recommendations presented strictly reflect the author's opinions, perceptions, and knowledge about the subject and device/products mentioned.
Warranty Disclaimer
The content of this Site is provided "as is" and without warranties of any kind, either expressed or implied. Except as set forth on the page entitled "ZM's 100% guarantee," the products sold through the Site are sold "as is" and without warranties of any kind, express or implied.
To the fullest extent permissible pursuant to applicable law, ZM disclaims all warranties, express or implied (except for the express warranty set forth on the page entitled "ZM's 100% guarantee,"), including but not limited to implied warranties of merchantability, title, noninfringement and fitness for a particular purpose. ZM does not warrant or represent that the content on the Site, whether prepared by ZM or by third parties, is accurate or reliable, that the Site will be free of errors or viruses or that your access to and use of the Site will be uninterrupted or secure. You understand that any warranties provided in connection with any third party products described on the Site are provided solely by the third party and not by ZM. Your sole remedy for dissatisfaction with the Site is to stop using the Site. You acknowledge by your use of the Site that your use of the Site is at your sole risk. ZM is not responsible for any direct, indirect, incidental, consequential, special, and punitive or other damages, whether arising out of contract, negligence, strict liability or other theory, in connection with the Site, the content thereof or the devices/products sold and described thereon, even if advised of the possibility of such damages. In no event shall ZM's liability to a user exceed the amount paid by the user for accessing the Site or for the purchase of devices/products sold thereon.
No Endorsement
In some instances, the content on the Site represents the opinions of Site users. ZM does not endorse such opinions.
Void Where Prohibited
Although the Site is accessible worldwide, not all device/products discussed or sold on the Site will be available to all persons or in all geographic locations or jurisdictions. ZM reserves the right to limit, in its sole discretion, the availability to the Site and/or the provision and quantity of any device/product or service to any person, geographic area or jurisdiction it so desires. Any offer for any device/product made in connection with the Site is void where prohibited. Use of this Site is unauthorized in any jurisdiction (1) that does not give full effect to all provisions of this Agreement, (2) where all or any portion of this Site may violate any legal requirements.
Code of Conduct
You agree not to:
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Restrict or inhibit any other user from using and enjoying the Site and services;
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Transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information or materials, or any information or materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
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Transmit any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component;
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Transmit materials in violation of another party's intellectual property rights;
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Use the Site for any commercial or unlawful purposes; or
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Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
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Indemnification
You agree to indemnify, defend and hold harmless ZM from and against any and all claims, damages, costs or other expenses, including all reasonable attorneys' fees incurred at arbitration, on any trial or appeal that arise, directly or indirectly out of or from your breach of this Agreement (including your violation of the Code of Conduct) and/or out of any other of your activities in connection with the Site. This section will survive the termination of this Agreement for any reason.
Purchases
If you wish to make purchases of devices/products described on the Site, you may be asked to supply certain information including but not limited to credit card or other payment information. You understand that any such information will be treated by ZM in the manner described in its Privacy Policy. You agree that all such information that you provide will be accurate, complete, and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The prices displayed on the Site are in U.S. dollars.
Your Letters, Questions and Comments
You acknowledge and agree that, by submitting any text, images, data, comments, questions or other materials ("content") to ZM, you grant to ZM a royalty-free, perpetual, irrevocable, nonexclusive, worldwide right and license to link to, use, reproduce, transmit, modify, adapt, publish, display, distribute, translate, and sublicense such material (in whole or in part) an/or incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. ZM shall be free to use any ideas, concepts, know-how or techniques contained in such content without charge for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such content. Further, by submitting content to ZM, you represent and warrant that you have the authority to grant such rights to ZM and that the content you submit will not violate any right of any third party, including but not limited to copyright, trademark, and privacy rights.
Use of Passwords
Use of any password-protected area of the Site is restricted to the individual who has been given permission and a password to enter such area (the "Authorized Party"). The password cannot be distributed to others, and the Authorized Party is responsible for any and all damages to ZM resulting from the distribution of his or her password. If more than one individual wishes to use a single password belonging to an Authorized Party, such Authorized Party must request permission from ZM in writing, it being understood that ZM shall be under no obligation to approve any such request.
Modifications
ZM shall have the right at any time to (a) change the terms of this Agreement, (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other related services or feature thereof. This Agreement may be modified by ZM at any time by ZM posting the modified terms on this Site, and your continued use of the Site thereafter shall be deemed acceptance of those terms and conditions.
Miscellaneous
You agree that this Agreement is entered into in the State of Texas and shall be governed by and construed in accordance with the laws of the state of Texas, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in Fort Worth in the State of Texas, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal or competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
Zachary Medical
Disclaimer
The websites dallascosmeticsurgery.com, dfwcosmeticsurgery.com and dfwibodysculpture.com are intended only for general educational and informational purposes and are not intended to dispense or to convey medical diagnostic or therapeutic information to the visitor. The viewer of these sites assumes his or her own risk and imparts/confers no liability to the website developer, Dr. Walter A. Dobson, his associates, or his staff for the information contained within these sites. Furthermore, correspondence between Dr. Dobson, his associates and with any visitors via emails, links or other electronic correspondence should not be construed as a substitute for a consultation with Dr. Dobson or considered as medical advice. Also, Dr. Dobson, his associates and the website developer express that they have no liability at all with any actions taken as a result of viewing or interpreting any information on the above-stated websites.
The photos in this Web site feature actual patients. Photos of a model will be noted. Actual patients can also be found in the before and after photo gallery.
Copyright notice © 2009, DMS, Inc.
Your use of this site constitutes your agreement to comply with the following terms and conditions (the”Agreement”)
AccuPort Locator™ is a trademark of DMS, Inc. |
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