End User agrees to defend, indemnify and hold harmless Dermatology & Hair Restoration Specialists (DHRS), its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.
To the extent permitted under applicable laws, End User hereby releases DHRS from any and all claims or liability related to any product or service of a merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
IN NO EVENT SHALL IGETHAIR.COM, or SANTAMONICASKIN.COM, DHRS, ITS EMPLOYEES BE LIABLE FOR ANY INDIRECT OR DIRECT PHYSICAL, PSYCOLOGICAL, EMOTIONAL, FINANCIAL DAMAGES ARISING FROM PROCEDURES CONDUCTED. END USER AGREES THAT WE ARE IN NO WAY RESPONSIBLE FOR ANY INDIRECT OR DIRECT PHYSICAL, PSYCOLOGICAL, EMOTIONAL, FINANCIAL DAMAGES THAT MAY RESULT FROM INFORMATION WRITTEN IGETHAIR.COM, or SANTAMONICASKIN.COM. ALL INFORMATION WRITTEN ARE FOR INFORMATIVE PURPOSES AND ARE NOT MEANT TO DIAGNOSE, CURE OR TREAT ANY CONDITIONS. BY USING THIS WEBSITE , YOU AGREE TO THIS ENTIRE AGREEMENT AND YOU WILL HOLD IGETHAIR.COM, or SANTAMONICASKIN.COM, DHRS, AND ITS EMPLOYEES HARMLESS OF ANY INDIRECT OR DIRECT PHYSICAL, PSYCOLOGICAL, EMOTIONAL, FINANCIAL DAMAGES ARISING FROM PROCEDURES CONDUCTED.
2. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is the exclusive property of DHRS, or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF DHRD IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties. This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. DHRS owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of DHRS or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with DHRS shall not be deemed to be in the public domain but rather the exclusive property of DHRS, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of DHRS unless otherwise stated.
3. Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER DHRS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION.THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.
The information contained in the Website is not meant to replace a consultation with a physician. It is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.
You should consult a physician before beginning any treatment.
4. Limitation of Liability.
IN NO EVENT SHALL DHRS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
IN NO EVENT SHALL DHRS, BE LIABLE FOR ANY INDIRECT OR DIRECT PHYSICAL, PSYCOLOGICAL, EMOTIONAL, FINANCIAL DAMAGES ARISING FROM PROCEDURES CONDUCTED. END USER AGREES THAT WE ARE IN NO WAY ARE RESPOSNSIBLE FOR ANY INDIRECT OR DIRECT PHYSICAL, PSYCOLOGICAL, EMOTIONAL, FINANCIAL DAMAGES THAT MAY RESULT FROM PROCEDURES
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against BotoMap.com arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and BotoMap.com; (3) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or BotoMap.com’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, BotoMap.com will pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor BotoMap.com shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org