Terms of Use

Last updated – 6/25/2017

1. ACCEPTANCE

USER MUST read all the following terms and conditions carefully. This User Agreement / Terms of Use Agreement (“Agreement”) is a legal agreement between you, The User (“User”) and The Microdropletlift.com (“Owner”), and governs the use the Microdropletlift.com Site (“Site”). It states the terms and conditions under which User may access and use the Site and all written and other materials displayed and/or made available through the Site, including, but not limited to, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and Code (“Content”). By accessing and using the Site, User is indicating User’s acceptance to be bound by the terms and conditions of this Agreement. If User does not accept these terms and conditions, User must not access and/or use the Site. The Owner may revise this Agreement at any time by updating this posting. Use of the Site after such changes are posted will signify User’s acceptance of these revised terms. User should visit this page periodically to review this Agreement.

2. GENERAL INFORMATION IS NOT MEDICAL ADVICE

The general information provided on this Site is for informational purposes only and is not professional medical advice, diagnosis, treatment, and/or care, nor is it intended to be a substitute thereof. This Site has information about a particular cosmetic botulinum toxin treatment. The appropriateness of this service and/or any medical service can only be made based on an actual, in person, good faith examination by a licensed physician and a complete and through discussion of the risks, benefits, and alternatives of the treatment. Physicians listed on this site have completed training in how to perform the Microdroplet Lift®. The Owner is making available a listing of physicians and nurses who are interested in providing the Microdroplet Lift® and have been trained and studied how to perform this service. A listing on this site simply indicates the availability of a provider interested in this service. It is not a warranty and/or guarantee of the work they do. Only physicians and nurses listed on this site can offer and provide the Microdroplet Lift®. Always seek the advice of User’s physician and/or other qualified health provider properly licensed to practice medicine in User’s jurisdiction concerning any questions User may have regarding any information obtained from this Site and any medical condition User believes may be relevant. Never disregard professional medical advice and/or delay in seeking it because of something User has read on this Site. Always consult with User’s physician and/or other qualified healthcare provider before embarking on a new treatment to determine if it is right for User. Information obtained on the Site is not exhaustive and it is not a substitute for advice from User’s personal physician.

3. NOT A PHYSICIAN-PATIENT RELATIONSHIP

The presentation of general information on the Site does not establish a physician-patient relationship between User and the Owner and is not intended as a solicitation of individuals to become patients and/or clients of the Owner and/or any physicians listed on this Site.

4. NOT AN ENDORSEMENT

Unless specifically stated, the Owner does not recommend and/or endorse any specific brand of products, services, procedures, particular providers, and/or other information that appears and/or that may be advertised on the Site.

5. INTELLECTUAL PROPERTY

Registered trademarks of third party companies are the sole intellectual property of those companies. The fair nominative use of third party trademarks is purely for identifying a particular product and/or its source.

6. EMAIL COMMUNICATION WITH THE PUBLIC

The Owner does not wish to use this Site as a means of communication with the public (a) regarding questions and/or issues of a medical nature; (b) to establish physician-patient relationships; (c) to book and/or cancel appointments; and/or (d) for inquiries regarding fees, services, and/or similar matters. Email communications regarding such matters will not be responded to and will be unread and discarded. If User is not an existing patient and User wishes to contact the Owner and/or its physicians regarding medical questions and/or issues and/or with regard to appointments, accounts, and/or other questions, please do so by telephone, facsimile, and/or through the Lidlift.com website.

7. DISCLAIMER OF WARRANTIES

The Site and its Content are provided “AS IS” and “AS AVAILABLE.” While the Owner endeavors to provide information that is correct, accurate, current, and timely, the Owner makes no representations, warranties, and/or covenants, express and/or implied, regarding the Site and the Content including, without limitation, no representation, warranty, and/or covenant that (a) the Content contained in and/or made available through the Site and/or any items made available on and/or through the Site will be of merchantable quality and/or fit for a particular purpose; (b) the Site and/or Content will be accurate, complete, current, reliable, timely, and/or suitable for any particular purpose; (c) that the operation of the Site will be uninterrupted and/or error-free; (d) that defects and/or errors in the Site and/or the Content, be it human and/or computer errors, will be corrected; (e) that the Site will be free from viruses and/or harmful components; and (f) that communications to and/or from the Site will be secure and/or not intercepted.

User acknowledges and agrees that User’s access and use of the Site and the Content is entirely at User’s own risk and liability.

8. LIMITATION OF LIABILITY

In no event shall the Owner, its respective past and present owners, its physicians, officers, directors, shareholders, partners, employees, agents, licensors, servants, accountants, spouses, independent contractors, associates, representatives, attorneys, insurers, reinsurers, subsidiaries, divisions, respective successors, heirs and/or assigns, and affiliates of any such individuals or entities, even if not specifically named herein, from any and all past, present, future, known and unknown, asserted and not asserted, claims, debts, demands, obligations, liabilities, suits, liens, rights, offsets, and/or causes of action of whatsoever nature for actual damages, additional damages, property damages, exemplary damages, punitive damages, consequential damages, statutory damages, interest, indemnity costs, defense costs, costs of court, and attorney’s fees, and/or any other sort of damages, based upon and/or sought upon any legal theory whatsoever, be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, and/or consequential damages including, without limitation, any loss and/or damages in the nature of, and/or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, and/or any other loss incurred in connection with User’s use, misuse, and/or reliance upon the Site and/or the Content, and/or User’s inability to use the Site, regardless of the cause and whether arising in contract, including fundamental breach, tort, including negligence, and/or otherwise. The foregoing limitation shall apply even if the Owner knew of and/or should have known of the possibility of such damages.

The Owner also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Site, Microdroplet Lift trained physicians listed on this site, and/or any advertiser and/or sponsor of the Site (“third-party”). Under no circumstances shall the Owner, its physicians, officers, directors, employees, agents, licensors, and their respective successors, heirs, and/or assigns, and affiliates of any such individuals or entities, even if not specifically named herein, be liable for any injury, loss, damages, including direct, special, indirect, punitive, incidental, and/or consequential damages, and/or expense arising in any manner whatsoever from (a) the acts, omissions, and/or conduct of any third-party; and (b) any access, use, reliance upon, and/or inability to use any materials, content, goods, and/or services located at, and/or made available at, any site linked to and/or from the Site, regardless of the cause and whether arising in contract, including fundamental breach, tort, including negligence, and/or otherwise. The foregoing limitation shall apply even if the Owner knew of and/or ought to have known of the possibility of such damages.

9. INDEMNITY

User agrees to fully and completely indemnify, defend, and hold harmless the Owner, its respective past and present owners, its physicians, officers, directors, shareholders, partners, employees, agents, licensors, members, servants, accountants, spouses, independent contractors, associates, representatives, attorneys, insurers, reinsurers, subsidiaries, divisions, and its respective successors, heirs, and/or assigns and affiliates of any such individuals or entities, even if not specifically named herein, from and against any and all claims, causes of actions of any kind, whether negligent and/or intentional acts and/or omissions of Owner, demands, liabilities, costs, and/or expenses whatsoever, losses, costs and/or expenses asserted by third parties arising out of and/or relating to this matter and/or any events and/or transactions which may be the subject matter of this Agreement and/or failure to perform this Agreement, including, without limitation, attorney’s fees, legal fees and disbursements, resulting directly and/or indirectly from (a) User’s breach of any of the terms and conditions of this Agreement; (b) User’s access to, use, misuse, reliance upon, and/or inability to access and/or use the Site, the Content, and/or any Site to which the Site is and/or may be linked to from time to time and/or; (c) User’s use of, reliance on, publication, communication, distribution, uploading, and/or downloading of anything, including the Content, on and/or from the Site.

10. USE OF THE SITE

User may not use any “deep-link”, “page-scrape”, “robot”, “spider” and/or other automatic device, program, algorithm and/or methodology, and/or any similar and/or equivalent manual process, to access, acquire, copy and/or monitor any portion of the Site and/or any Content, and/or in any way reproduce and/or circumvent the navigational structure and/or presentation of the Site and/or any Content, to obtain and/or attempt to obtain any materials, documents and/or information through any means not purposely made available through the Site. Dr. Steinsapir reserves the right to bar any such activity.

User may not attempt to gain unauthorized access to any portion and/or feature of the Site, and/or any other systems and/or networks connected to the Site and/or to any server associated with the Site, and/or to any of the services offered on and/or through the Site, by hacking, password “mining” and/or any other illegitimate means.

User may not probe, scan and/or test the vulnerability of the Site and/or any network connected to the Site, nor breach the security and/or authentication measures on the Site and/or any network connected to the Site. User may not reverse look-up, trace and/or seek to trace any information on any other user of and/or visitor to the Site, and/or any other customer of the Owner, including any Microdropletlift.com account not registered to User, to its source, and/or exploit the Site and/or any service and/or information made available and/or offered by and/or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification and/or information, other than User’s own information, as provided for by the Site.

User agrees that User will not take any action that imposes an unreasonable and/or disproportionately large load on the infrastructure of the Site and/or its systems and/or networks, and/or any systems and/or networks connected to the Site. User agrees not to use any device, software and/or routine to interfere and/or attempt to interfere with the proper working of the Site and/or any transaction being conducted on the Site, and/or with any other person’s use of the Site.

User may not forge headers and/or otherwise manipulate identifiers in order to disguise the origin of any message and/or transmittal User sends to the Owner on and/or through the Site and/or any service offered on and/or through the Site. User may not pretend that User is, and/or that User represents, someone else, and/or impersonate any other individual and/or entity.
User may not use the Site and/or any Content for any purpose that is unlawful and/or prohibited by these Terms of Use, and/or to solicit the performance of any illegal activity and/or other activity which infringes the rights of the Owner and/or others.

11. COPYRIGHT

The Content is protected by copyright law and is owned by the Owner and its licensors, and/or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, and/or other exploitation of the Site and/or of its Content, whether in whole and/or in part, is prohibited without the express prior, written consent of the Owner.

12. LIMITED LICENSE

Subject to the terms and conditions of this Agreement, User is hereby granted a limited, non-transferable, and non-exclusive license to access, view, and use the Site and the Content for User’s personal, non-commercial use. User is granted the right to download, store, and/or print single copies of items comprising the Content for User’s personal, non-commercial use, provided that User maintain all copyright and other notices contained in such Content. User may not copy and/or repost items comprising the Content online. User must also abide by any additional requirements governing the use of any specific Content that may be set out in the Site. In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific license shall govern.

13. TRADEMARKS

The Microdroplet Lift®, and the Microdroplet Lift® logo are trademarks of the Owner. Other names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the Site may constitute registered and/or unregistered trademarks of the Owner and/or third parties. While certain trademarks of third parties may be used by the Owner under license, the display of third-party trademarks on the Site should not be taken to imply any relationship and/or license between the Owner and the owner of the trademark and/or to imply that the Owner endorses the wares, services, and/or business of the owner of the said trademark.

14. LINKING

The Site contains links to third-party Sites. These links are provided solely as a convenience to User and/or not as an endorsement by the Owner of any third-party Site and/or the content thereof. Unless expressly stated, the Owner does not operate any third-party Site linked to the Site and is not responsible for the content of any third-party Site, nor does it make any representation, warranty, and/or covenant of any kind regarding any third-party Site including, without limitation, (a) any representation, warranty, and/or covenant regarding the legality, accuracy, reliability, completeness, timeliness, and/or suitability of any content on such third-party Sites; (b) any representation, warranty, and/or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Sites and/or material, content, software, goods, and/or services located at and/or made available through such third-party Sites; and/or (c) any representation, warranty, and/or covenant that the operation of such third-party Sites will be uninterrupted and/or error free, that defects and/or errors in such third-party Sites will be corrected, and/or that such third-party Sites will be free from viruses and/or other harmful components.

While the Owner encourages links to the Site, it does not wish to be linked to and/or from any third-party Site which contains, posts, and/or transmits any unlawful and/or indecent information of any kind, including, without limitation (a) any content constituting and/or encouraging conduct that would constitute a criminal offense, give rise to civil liability, and/or otherwise violate any local, state, provincial, territorial, national, international law and/or regulation which may be damaging and/or detrimental to the activities, operations, credibility, and/or integrity of the Owner; and/or (b) any Site which contains, posts, and/or transmits any material and/or information of any kind which violates and/or infringes upon the rights of others, including material which is an invasion of privacy and/or publicity rights, and/or which is protected by copyright, trademark, and/or other proprietary rights. The Owner reserves the right to prohibit and/or refuse to accept any link to the Site, including, without limitation, any link which contains and/or makes available any content and/or information of the foregoing nature, at any time. User agrees to remove any link User may have to the Site upon the request of the Owner.

Any information sent and/or received over the Internet is generally not secure. The Owner cannot guarantee the security and/or confidentiality of any communication to and/or from the Site.

15. MODIFICATION TO SITE

The Owner reserves the right at any time, and from time to time, to modify and/or discontinue, temporarily and/or permanently, the Site, and/or any part thereof, with and/or without notice to User. The Owner shall have no liability to User and/or any third party for any modifications, suspension, and/or discontinuance of the Site and/or any part thereof.

16. USE PROHIBITED WHERE CONTRARY TO LAW

Use of this Site is unauthorized in any jurisdiction where the Site and/or any of the Content may violate any laws and/or regulations. User agrees not to access and/or use the Site in such jurisdictions. User agrees that User is responsible for compliance with all applicable laws and/or regulations. Any contravention of this provision, and/or any provision of this Agreement, is entirely at User’s own risk.

17. GOVERNING LAW AND JURISDICTION

The Site is operated by the Owner from its offices within the State of California. User agrees that all matters relating to User’s access and/or use of the Site and its Content shall be governed, construed, and interpreted in accordance with the laws of the State of California. User agrees and hereby submits to the exclusive and preferential jurisdiction of the courts of California with respect to all matters relating to User’s access and use of the Site and the Content as well as any dispute that may arise there from and that the applicable law shall be the laws of the state of California.

18. WAIVER

Any consent by the Owner to, and/or waiver of, a breach of this Agreement, which User has committed, whether express and/or implied, shall not constitute a consent to, and/or waiver of any other, different and/or subsequent breach.

19. NOTICE

Questions and/or comments regarding the Site should be directed by email to Faithesq@lidlift.com.

20. TERMINATION

The Owner may, in its sole discretion, cancel and/or terminate User’s right to use the Site, and/or any part of the Site, at any time without notice. In the event of termination, User is no longer authorized to access the Site, and/or the part of the Site affected by such cancellation and/or termination. The restrictions imposed upon User with respect to material downloaded from the Site and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. The Owner shall not be liable to any party and/or third party for such termination.

21. ATTORNEYS FEES, COSTS, AND EXPENSES

It is agreed that the Parties shall be responsible for their own attorney’s fees, costs, and expenses, related to breach of this matter, the settlement of this matter, the preparation of any documents relating to this matter, and any and all litigation fees.

22. PROVISIONS OF THIS AGREEMENT

The provisions of this Agreement shall be liberally construed to effectuate the intent of the parties. Section headings have been inserted for convenience only and shall not be given undue consideration in resolving questions of construction and/or interpretation. For purposes of determining the meaning of, and/or resolving any ambiguity with respect to, any word, phrase, term and/or provision of this Agreement, neither the Agreement nor any uncertainty and/or ambiguity herein shall be arbitrarily construed and/or resolved against any Party under any rule of construction.

23. VOID AND/OR ILLEGAL CLAUSES / SEVERABILITY

Should any clause, paragraph, and/or part of this Agreement be held and/or declared by a court of competent jurisdiction to be void and/or illegal for any reason, all other clauses, paragraphs, and/or parts of this Agreement that can be performed and/or effective without such illegal clause, paragraph, and/or part, shall nevertheless remain in full force and effect.

24. LANGUAGE OF THE AGREEMENT

The language and terms of this Agreement are to be understood in their ordinary sense (except where otherwise defined) and are not to be interpreted in a technical manner so as to unfairly deprive any Party of substantive rights. Whenever the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular to refer to and include the plural, and vice versa.

25. ENTIRE AGREEMENT

This Agreement contains the entire understanding of the Parties and supersedes any and all prior agreements, arrangements, and/or understandings among the Parties relating to this matter. No other oral and/or written understandings, statements, promises and/or inducements contrary to the terms of this Agreement exist.