Nesmith Plastic Surgery Center Website Terms and Conditions of Use
Nesmith Plastic Surgery Center's website (the Website) provides content and features (the "Services") for employees, medical and healthcare professionals, and public users. This statement describes the terms and conditions of use of the Services. By using the Services in any manner or by requesting a consultation you are stating that you agree to be bound by and adhere to the terms and conditions of use in this statement.
The Services do not provide medical advice. The text, graphics, photos, videos and other information (the "Content") is not intended as medical advice and should not be considered medical advice. Always seek the advice of a qualified board‑certified plastic surgeon regarding any medical condition or procedure.
The Services may display Content that is graphic in nature and that may depict partial or full nudity. If you find such material offensive you should not use the Services or you should exercise caution before accessing certain features of the Services.
You must be at least 18 years old to have our permission to use the Services. We do not knowingly collect, use or disclose personally identifiable information about visitors under 18 years of age.
The contributions of third parties do not necessarily represent the views or opinions of Nesmith Plastic Surgery Center. Nesmith Plastic Surgery Center cannot preview User Submissions before they appear.
Nesmith Plastic Surgery Center's policies with respect to claims by third parties that the content of the Service, including any User Submission, infringes the copyrights owned by such third party can be found in the DMCA section below.
You agree to indemnify, defend and hold harmless Nesmith Plastic Surgery Center, its affiliated companies, business partners, licensors, employees, agents, and any third‑party information providers to the Services from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the site, the Services or the Content, or any violation by you of the Terms.
Nesmith Plastic Surgery Center makes no representation that materials, products or services on the Services or any related website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
NESMITH PLASTIC SURGERY CENTER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. NESMITH PLASTIC SURGERY CENTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. NESMITH PLASTIC SURGERY CENTER DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. NESMITH PLASTIC SURGERY CENTER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS‑IS" AND "AS‑AVAILABLE" BASIS.
Digital Millennium Copyright Act ("DMCA")
Nesmith Plastic Surgery Center respects the intellectual property of others, and we ask our users and visitors to do the same. In accordance with the DMCA and other applicable law, Nesmith Plastic Surgery Center has adopted a policy of terminating, in appropriate circumstances and at Nesmith Plastic Surgery Center's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Nesmith Plastic Surgery Center's may also at its sole discretion limit access to the site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
Pursuant to Title 17, United States Code, section 512(c)(2), notifications of claimed copyright infringement should be sent to the site's designated agent (see below). ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Nesmith Plastic Surgery Center will process and investigate notices (each, a "Notice") of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Nesmith Plastic Surgery Center will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Nesmith Plastic Surgery Center the following information in your Notice (to be effective, the notification must include ALL of the following):
1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Nesmith Plastic Surgery Center Websites;
4. your address, telephone number, and e-mail address and all other information reasonably sufficient to permit Nesmith Plastic Surgery Center to contact you;
5. a statement by you that you have a good‑faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to Nesmith Plastic Surgery Center's designated agent:
Nesmith Plastic Surgery Center
6801 NW 9th Blvd., Suite 2
Gainesville, FL 32605
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING NESMITH PLASTIC SURGERY CENTER THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE‑RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Modification of Terms
Nesmith Plastic Surgery Center reserves the right to modify this Website Terms and Conditions of Use at any time without giving you prior notice. Your use of the Services following any such modification constitutes your agreement to follow and be bound by the Website Terms and Conditions of Use as modified. The last date these Terms and Conditions of Use were revised is set forth below.
Last Update: Feb. 3, 2016