Terms
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 06/29/2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with Cosmetic Surgery Center Of
Austin, also known as Cosmetic Surgery Center Of Austin , located at 6818 Austin Center Blvd #206,
Austin, Texas 78731 and our subsidiaries and affiliates, in association with the use of the Cosmetic Surgery
Center Of Austin website, which includes cosmeticsurgeryatx.com, (the “Site”) and its Services, which
shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is cosmetic surgery which has the following description:
Dr. David Mosier is renowened cosmetic surgery who’s sole purpose is to enhance the natural beauty of
women and men in the Austin, Texas area.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the
purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and
applications, which may include some mobile applications and that those applications may be made
available on various social media networking sites and numerous other platforms and downloadable
programs, are the sole property of Cosmetic Surgery Center Of Austin . At its discretion, Cosmetic Surgery
Center Of Austin may offer additional website Services and/or products, or update, modify or revise any
current content and Services, and this Agreement shall apply to any and all additional Services and/or
products and any and all updated, modified or revised Services unless otherwise stipulated. Cosmetic
Surgery Center Of Austin does hereby reserve the right to cancel and cease offering any of the
aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Cosmetic
Surgery Center Of Ausn shall not be held liable for any such updates, modificaons, revisions, suspensions or
disconnuance of any of our Services and/or products. Your connued use of the Services provided, aer such
posng of any updates, changes, and/or modificaons shall constute your acceptance of such updates, changes
and/or modificaons, and as such, frequent review of this Agreement and any and all applicable terms and
policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you
not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS”
and as such Cosmec Surgery Center Of Ausn shall not assume any responsibility or obligaon for the
meliness, missed delivery, deleon and/or any failure to store user content, communicaon or personalizaon
settings.
PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by the
Cosmetic Surgery Center Of Austin Online Privacy Policy (see the full Privacy Policy at
cosmeticsurgeryatx.com/privacy-policy). As a member, you herein consent to the collection and use of the
information provided, including the transfer of information within the United States and/or other countries
for storage, processing or use by Cosmetic Surgery Center Of Austin and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to,
the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Cosmetic Surgery Center Of Austin shall not lay claim to ownership of any content submitted by any
visitor or user, nor make such content available for inclusion on our website Services. Therefore, you
hereby grant and allow for Cosmetic Surgery Center Of Austin the below listed worldwide, royalty-free
and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Cosmetic
Surgery Center Of Austin’s sites, the license provided to permit to use, distribute, reproduce,
modify, adapt, publicly perform and/or publicly display said Content on our network Services is for
the sole purpose of providing and promoting the specific area to which this content was placed
and/or made available for viewing. This license shall be available so long as you are a member of
Cosmetic Surgery Center Of Austin’s sites, and shall terminate at such time when you elect to
discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of Cosmetic Surgery Center Of Austin’s sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services are for the sole purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license shall be available so long as you
are a member of Cosmetic Surgery Center Of Austin’s sites and shall terminate at such time when
you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of
Cosmetic Surgery Center Of Austin’s sites, the continuous, binding and completely sub-licensable
license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and/or publicly display said content, whether in whole or in part, and the
incorporation of any such Content into other works in any arrangement or medium current used or
later developed.
Those areas which may be deemed “publicly accessible” areas of Cosmetic Surgery Center Of Austin’s sites
are those such areas of our network properties which are meant to be available to the general public, and
which would include message boards and groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Cosmetic Surgery Center Of Austin provides an area for our users to contribute feedback to our website.
When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you
acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Cosmetic Surgery Center Of Austin shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c) Cosmetic Surgery Center Of Austin shall be entitled to make use of and/or disclose any such
Contributions in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of Cosmetic Surgery
Center Of Austin; and
e) Cosmetic Surgery Center Of Austin is under no obligation to either compensate or provide any form
of reimbursement in any manner or nature.
INDEMNITY
All users herein agree to insure and hold Cosmetic Surgery Center Of Austin , our subsidiaries, affiliates,
agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand,
which may include, but is not limited to, reasonable attorney fees made by any third party which may arise
from any content a user of our site may submit, post, modify, transmit or otherwise make available through
our Services, the use of Cosmetic Surgery Center Of Austin Services or your connection with these
Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial
reason any part, use of, or access to Cosmetic Surgery Center Of Austin’s sites.
MODIFICATIONS
Cosmetic Surgery Center Of Austin shall reserve the right at any time it may deem fit, to modify, alter and
or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior
notice. In addition, we shall not be held liable to you or to any third party for any such alteration,
modification, suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that Cosmetic
Surgery Center Of Austin shall not be held responsible or liable for any loss or damage of any nature or
manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on
our website.
LINKS
Either Cosmetic Surgery Center Of Austin or any third parties may provide links to other websites and/or
resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such
external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content,
products, advertising or any other materials, on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that Cosmetic Surgery Center Of Austin shall not be responsible
or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to
be caused by or in connection with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Cosmetic Surgery Center Of Austin ‘s Services and any
essential software that may be used in connection with our Services (“Software”) shall contain proprietary
and confidential material that is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by advertisers is protected by
copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is
expressly permitted by applicable law or as authorized by Cosmetic Surgery Center Of Austin or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast,
publicly perform and/or created any plagiaristic works which are based on Cosmetic Surgery Center Of
Austin Services (e.g. Content or Software), in whole or part.
Cosmetic Surgery Center Of Austin herein has granted you personal, non-transferable and non-exclusive
rights and/or license to make use of the object code or our Software on a single computer, as long as you do
not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse
engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign,
sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as
such, not to use any modified versions of the Software, including and without limitation, for the purpose of
obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our
Services through any means other than through the interface which is provided by Cosmetic Surgery
Center Of Austin for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF COSMETIC SURGERY CENTER OF AUSTIN SERVICES AND SOFTWARE
ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE
PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. COSMETIC SURGERY
CENTER OF AUSTIN AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) COSMETIC SURGERY CENTER OF AUSTIN AND OUR SUBSIDIARIES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES
THAT (i) COSMETIC SURGERY CENTER OF AUSTIN SERVICES OR SOFTWARE WILL
MEET YOUR REQUIREMENTS; (ii) COSMETIC SURGERY CENTER OF AUSTIN
SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE;
(iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE
COSMETIC SURGERY CENTER OF AUSTIN SERVICES OR SOFTWARE WILL BE
ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY
INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY
YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS;
AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE
CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF COSMETIC SURGERY CENTER OF AUSTIN SERVICES OR SOFTWARE SHALL
BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU
SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS
AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY
LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM COSMETIC SURGERY CENTER OF AUSTIN OR BY
WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE
CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT COSMETIC SURGERY
CENTER OF AUSTIN AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF
ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Cosmetic Surgery Center Of Austin (and its officers,
directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third
parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and
unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to
such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase “Let the investor beware” is appropriate. Cosmetic Surgery
Center Of Austin’s content is provided primarily for informational purposes, and no content that shall be
provided or included in our Services is intended for trading or investing purposes. Cosmetic Surgery Center
Of Austin and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of
any information transmitted and/or made available by way of our Services, and shall not be responsible or
liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be no third-party beneficiaries to this agreement.
NOTICE
Cosmetic Surgery Center Of Austin may furnish you with notices, including those with regards to any
changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging,
postings on our website Services, or other reasonable means currently known or any which may be herein
after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing
our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you
are deemed to have received any and all notices that would have been delivered had you accessed our
Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Cosmetic Surgery Center Of Austin
trademarks, copyright, trade name, service marks, and other Cosmetic Surgery Center Of Austin logos and
any brand features, and/or product and service names are trademarks and as such, are and shall remain the
property of Cosmetic Surgery Center Of Austin . You herein agree not to display and/or use in any manner
the Cosmetic Surgery Center Of Austin logo or marks without obtaining Cosmetic Surgery Center Of
Austin’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Cosmetic Surgery Center Of Austin will always respect the intellectual property of others, and we ask that
all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Cosmetic
Surgery Center Of Austin may disable and/or terminate the accounts of any user who violates our TOS
and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that
would constitute copyright infringement, or if you believe your intellectual property rights have been
otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Cosmetic Surgery Center Of Austin Agent for notice of claims of copyright or other intellectual
property infringement can be contacted as follows:
Mailing Address:
Cosmetic Surgery Center Of Austin
Attn: Copyright Agent
6818 Austin Center Blvd #206
Austin, Texas 78731
Telephone: (512) 338-4404
Email: dmosier@austin.rr.com
CLOSED CAPTIONING
BE IT KNOWN, that Cosmetic Surgery Center Of Austin complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning of video content. For
more information, please visit our website at cosmeticsurgeryatx.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Cosmetic Surgery Center Of Austin and shall
govern the use of our Services, superseding any prior version of this TOS between you and us with respect
t o Cosmetic Surgery Center Of Austin Services. You may also be subject to additional terms and
conditions that may apply when you use or purchase certain other Cosmetic Surgery Center Of Austin
Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Cosmetic Surgery Center Of Austin with regard to the TOS
that the relationship between the parties shall be governed by the laws of the state of Texas without regard
to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of
or relating to the TOS, or the relationship between you and Cosmetic Surgery Center Of Austin , shall be
filed within the courts having jurisdiction within the County of Travis, Texas or the U.S. District Court
located in said state. You and Cosmetic Surgery Center Of Austin agree to submit to the jurisdiction of the
courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction
over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Cosmetic Surgery Center Of Austin fail to exercise or enforce any right or provision of
the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS 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
TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within 10 year(s) after
said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Cosmetic Surgery Center Of Austin as follows:
Mailing Address:
Cosmetic Surgery Center Of Austin
6818 Austin Center Blvd #206
Austin, Texas 78731
Telephone: (512) 338-4404
Email: dmosier@austin.rr.com