Terms and Conditions of Use

Nesmith Plastic Surgery Center Website Terms and Conditions of Use

PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY BEFORE USING THIS WEBSITE.

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.

User Contributions

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.

International Use

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.

General

Unless otherwise specified, the Services is for your personal noncommercial use. You may not copy, reproduce, publish, distribute, sell, create derivative works from, transfer, retransmit, stream or sell the Content without the express written consent of Nesmith Plastic Surgery Center. Nesmith Plastic Surgery Center authorizes you to view and download a single copy of Content that is of interest to you for personal, noncommercial use. You must acknowledge Nesmith Plastic Surgery Center as the source and owner of any content you download and subsequently share with another individual through any means. You may not download content for use on any other website or internet accessible service without the express written consent of Nesmith Plastic Surgery Center. You may not collect, download or attempt to collect or download e-mail addresses, contact information, photos or other information through the use of bots, spiders, crawlers or other automated technology or programs for any purpose. You may download a reasonable number of items for your personal noncommercial use but you may not attempt to download large numbers of items for the purpose of obtaining all of or a large portion of our e-mail addresses, contacts or photos. You may not use any contact information on this site for the purposes of commercial solicitation of Nesmith Plastic Surgery Center member physicians or any other individual.

The Services and the Content, including but not limited to white papers, press releases and procedure descriptions, are protected by U.S. and/or foreign copyright laws, and belong to Nesmith Plastic Surgery Center or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Nesmith Plastic Surgery Center or other copyright owners who have authorized their use on the site. You may download and reprint Content for noncommercial, nonpublic, personal use only. If you are browsing this site as an employee or member of any business or organization, you may download and reprint Content only for educational or other noncommercial purposes within your business or organization, except as otherwise permitted by Nesmith Plastic Surgery Center. You may not manipulate or alter in any way images or other Content on the site.

You agree not to copy, distribute, imitate, retransmit, or stream any technical, design or layout elements of the www.drnesmith.com website or any other website owned, licensed, operated or controlled by Nesmith Plastic Surgery Center.

Certain Content on the website may qualify for trademark and/or service‑mark protection under federal and/or common law. You acknowledge that Nesmith Plastic Surgery Center, its partners, affiliates, contributors or third parties own all right, title, and interest in and to any such trademarks and/or service marks. You are prohibited from using any of the marks or logos appearing throughout the Nesmith Plastic Surgery Center Websites without permission from the trademark, service mark or trade dress owner, except as permitted by applicable law.

If the Services require you to create an account to use for logging on to the Services you agree to complete the account creation process by providing us with current, accurate, complete information in your responses during the account creation process. You are responsible for choosing and protecting your user name and password and for all activities that occur using your user name and password and you agree not to share your user name and password. You agree to notify Nesmith Plastic Surgery Center immediately if you believe your user name or password have been compromised or used without your authorization. You may not use another person's user name and password without the permission of its owner.

The Services may include photo galleries, e-mail services, discussion boards, chat services, forums, personal or enhanced Web pages, event calendars and other additional services ("Enhanced Services"). You agree that you will not use any of the Enhanced Services to:

  • conduct or post personally identifiable information on any person or patient,
  • post defamatory, abusive or threatening comments,
  • promote, advertise, offer to sell or buy any commercial products or services,
  • post any inappropriate, obscene, illegal content,
  • upload any files containing programs, scripts, or other software of any type,
  • upload any content or files that you do not own or control the appropriate copyright, patent, intellectual property or trade secret rights to,
  • collect or attempt to collect information about other users of the service or Nesmith Plastic Surgery Center member, including but not limited to e-mail addresses, fax numbers and mailing addresses, unless you are retrieving the information to contact a board certified Nesmith Plastic Surgery Center member surgeon for the purposes of your personal medical consultation or services,
  • create a false identity for any purpose or restrict, impede or attempt to impact the ability of others to access the Services in a normal and secure manner.

You agree that Nesmith Plastic Surgery Center has no obligation to monitor the Services but may do so at its sole discretion and may review content that has been posted to the Services under your account and that Nesmith Plastic Surgery Center, if it finds that content to be unacceptable for posting for any reason reserves the right to delete the content with any notice or obligation to you. You agree that Nesmith Plastic Surgery Center reserves the right to terminate your account or limit your access to any or all of the Services at any time without notice for any reason.

The Services may provide links to other sites or services not owned, operated or controlled by Nesmith Plastic Surgery Center. By using any such link you are stating that you understand that Nesmith Plastic Surgery Center is not responsible for the content or services of any such linked site or service, that the appearance of such a link does not imply any endorsement by Nesmith Plastic Surgery Center and that these links are provided to you only as a convenience. In addition, any advice, opinions or recommendations provided by the linked site providers are those of the providers and not of Nesmith Plastic Surgery Center. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked site provider.

You warrant to Nesmith Plastic Surgery Center that you will not attempt to gain unauthorized access to any Services offered by Nesmith Plastic Surgery Center or computer systems or networks connected to any Nesmith Plastic Surgery Center server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Nesmith Plastic Surgery Center. When using the site you agree not to pretend to be someone else or spoof their identity.

DISCLAIMERS

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.

IN NO EVENT WILL NESMITH PLASTIC SURGERY CENTER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT: (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF NESMITH PLASTIC SURGERY CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

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:

By mail:

Jumpem LLC
500 NW 43rd St. #3
Gainesville, FL 32607

By email: webmaster@jumpem.com

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

(352) 331-3401