Terms Of Service

1.

Changes to Terms of Service.

We reserve the right to change these Terms of Use without notice. If we do this, we will post the revised version of these Terms of use on this page and will indicate at the top of this page the date these Terms of Use were last updated. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, you may not use or access the Site.

2.

We Make No Warranties.

WE PROVIDE THE SITE AND THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE OR ITS SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE AND OUR SUPPLIERS ALSO DO NOT GUARANTEE THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. NO ORAL OR WRITTEN INFORMATION GIVEN BY AN AMM REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that these Terms of Service cannot change. You use the Site and the Services at your own risk.

3.

We Do Not Provide Medical Advice.

THIS SITE AND THE SERVICES OFFER HEALTH, COSMETIC AND SKIN INFORMATION, BUT ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH- CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ADVERTISED ON OR PROVIDED VIA THIS SITE ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. Accessing or use of this Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship with you, or any other relationship with you which would give rise to any duties on our part or the part of our suppliers. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.

4.

General Limitation of Liability.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS TO CEASE USE OF THE SITE. IN NO EVENT SHALL OUR, OUR PARENT AND/OR OUR SUPPLIERS ASSUME ANY LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE. WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

5.

Advertisement, Funding and Link/Banner Exchange Policies.

This website contains listings of physicians offering skin treatments. These listings should be considered advertisements. The Site is sponsored and funded by the member physicians. The information contained on the Site is educational only and should not be construed as offering medical advice or in any way replacing the advice of your physician. It is up to the individual to decide if any medical service offered is appropriate for them. The Site does not endorse, pay, or receive payment from any website(s) it links to. Any outgoing link should be seen as an additional resource and not an endorsement or guarantee of the destination site's accuracy. Banners or other forms of advertising are accepted on the Site, and the ads will not have any bearing or influence on the editorial policies or content of the Site.

6.

User Submissions, Posts and Comments.

Certain sections of the Site allow you to post reviews based on your personal true experiences and to communicate with other community members about questions on medical procedures, beauty, and skin care (Comment Service). Except to the extent you are otherwise directly authorized by the Site, you may use the Comment Service only for personal, non-commercial uses, and may not use the Comment Service to advertise or promote a product, service, procedure, business, doctor, or other person. For example, and without limiting the foregoing, you may not use the Comment Service to post any reviews, questions, answers or other content:

• That praise, recommend, describe positive experiences with, or otherwise promote a product, service or procedure that you or your employer sells, markets, distributes or performs;
• That praise, recommend, describe positive experiences with, or otherwise promote a doctor or other person that is yourself or someone to whom you are related or with whom you work;
• That praise, recommend, describe positive experiences with, or otherwise promote a business you own or by whom you are employed;
• That are false or misleading, including reviews that are fabricated or exaggerate positive results; or
• Praise, recommend, describe positive experiences with, or otherwise promote a doctor or other person, if such postings are repetitive or duplicative with respect to the product, service, procedure, business, doctor, or other person about which they concern (e.g., it is not acceptable to post multiple similar reviews about your experience with a procedure in one or more areas of the website); or
• For, on behalf of, or at the request of another person, if such other person would violate any of the above by posting such content.

If you breach this Agreement and use the Service for advertising, promotion, or other commercial or non-personal uses (including any of the prohibited examples above), you acknowledge that you will have caused substantial harm to the Site, but that the amount of such harm would be very difficult to determine. As a reasonable estimation of such harm, you agree to pay American Medical Media $500 for each such prohibited review, question, answer or other content you post or submit on or through the Service. This will not be construed to prohibit you from posting content as an individual in a response to content posted by another user about your business; provided, that (a) you have provided true and accurate registration information to American Medical Media about yourself, (b) you have clearly explained in your response that you are making a statement on behalf of the business (including your affiliation with the business), (c) your response is limited solely to providing factual information and explanations to refute any statements or allegations in the posted content about your business, and (d) your response does not otherwise attempt to promote your business or serve any commercial purposes, as determined in American Medical Media’s sole discretion. Additionally, you may not:

• Use the Service in any way or for any purpose that is against the law;
• Use the service in any way or for any purpose that harms or endangers us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the “American Medical Media Parties”), or any customer of an American Medical Media Party;
• Use the service to exploit, solicit or harm minors;
• Post or submit any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable;
• Promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;
• Except to the extent you are otherwise directly authorized by American Medical Media, provide or purport to provide medical advice, diagnosis, or treatment recommendations;
• Register for multiple accounts or use the account of another person;
• Impersonate or pretend to be any person other than yourself;
• Use the service to attempt to solicit business or direct website visitors to a non-American Medical Media site for commercial purposes;
• Post similar or identical postings;
• Post links to sites or files that contain or are viruses, spyware, malware, or other harmful content;
• Attempt to interfere with or disrupt the Service or any person’s ability to use the Service; or
• Use the Service for any purposes for which the Service is not intended.

We may tell you about certain specific harmful or additional prohibited uses in community guidelines, a code of conduct or other notice available through the Site. We have, however, no duty to do so. You agree to abide by any community guidelines, codes of conduct or other notices we provide. Without limiting the foregoing, you agree to abide by the Community Guidelines. Any use of the Service other than as specifically authorized herein, without the prior written permission of American Medical Media, is strictly prohibited.

7.

Materials You Post or Provide; Communications Monitoring

You may be able to post or submit reviews, questions, messages, and other materials related to the Site on or through the Site in connection with the Site (collectively, “Submissions”). We do not claim ownership of such Submissions you post or submit. However, by posting or otherwise providing your Submission, you are granting permission to the Site to use, copy, distribute, display, and modify your Submission, each in connection with the Site, and to publish your name in connection with your Submission. You also grant AMM the permission to grant these rights to other persons. We will not pay you for your Submission. We may refuse or modify your Submissions or remove part or all of your Submissions from the Service at any time. For each Submission, you represent and warrant that you have all rights necessary for you to post or submit the Submission and to grant the permissions in this section. We do not routinely monitor user communications or disclose information about your communications to third parties. However, we may monitor your communications on or through the Service and may disclose information about you, including the contents of such communications, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with this contract; or (3) protect the rights, property, or interests of AMM, its employees, its customers, or the public.

8.

Linking To This Website.

You generally do not need to obtain permission from AMM to put a text link on your site that links back to the Site. We reserve the right, however, to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the site, use the following guidelines for adding one or more links to the Site from your website:

• • The link must be a text-only link that clearly includes the phrases "Stretch Marks" or “Stretch Mark Removal".
• The link must "point" to a page on www.stretchmarks.org
• • If the link points to any page on the Site other than the home page, the text link must also include the title of the target landing page. For example, if the link points to the "Fraxel" area of the Site, the link should include the words "Fraxel".
• • The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with AMM’s good name and trademarks
• • The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by AMM
• • The link, when activated by a user, must display the Site full-screen and not within a "frame" on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows
• • The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.

9.

Choice of Law and Location for Resolving Disputes.

You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute that might arise between you and the AMM Parties in connection with the Site. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California located in Orange County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Orange County, California.

10.

International Use.

The Site and Services, including the information provided on the Site, are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

11.

Entire Agreement.

This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

12.

Indemnification.

. You agree to indemnify and hold harmless AMM from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any content you post or submit to or through the Site, your use of the Site, any physician you contact through the Site, treatment sought through a physician on the Site, your conduct in connection with the Site or with other users of the Site, and any violation of this contract or of any law or the rights of any third party.

13.

Assignment.

We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You agree that you may not assign any of your rights or obligations under these Terms of Service.

14.

Claim Must Be Filed Within One Year.

Any claim related to this contract or the Service must be brought within one year. The one-year period begins on the date when the claim first arises. If such claim is not filed, then that claim is permanently barred and you expressly waive your right to bring said claim after such date. This applies to you and your successors. It also applies to us and our successors and assigns.

14.

Your Notices to Us.

Please submit any notices to us via our feedback section of the Site.