Terms of Service

Terms of Service

Please read these terms and conditions before using this site. By continuing to access or use this site or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

 

Gaining access to accurate health information online is difficult, so we created The Patients Guide (hereinafter referred to as the “Patients Guide”) to help make it a little easier. American Medical Media, Inc. (“AMM” d/b/a The Patients Guide) provides access to information, physicians and a community of active fellow patients to make understanding your options easier. Please explore our family of websites, including, but not limited to PatientsGuide.com (the “Site”), and we invite you to participate.

1.     General Use

 

You authorize AMM to provide your information to a number of ­­­­­­­­Health Care and/or Skin Care Service Providers, including, without limitation, providers of hair removal, chemical peels, stretch marks, age spots, acne scars, scar removal, and spider vein services (each, a “Service Provider” and collectively, the “Service Providers”), as decided by AMM. You understand that Service Providers may keep any form you submit whether or not you choose to use them for your Health Care and/or Skin Care related need. AMM is not a Service Provider. AMM does not endorse or recommend the products or services of any particular Service Provider. The Service Provider is solely responsible for its products and/or services to you, and you agree that AMM shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such products and/or services. Each Service Provider has represented to AMM in writing that it maintains all legally required insurances and meets all legal standards for bonding, as applicable for its business type. Although AMM conducts a high level of due diligence before working with or referring any Service Provider, AMM makes no representations or guarantees whatsoever with respect to the insurance or bonding maintained by the Service Providers.

2.      User Acceptance and Consent to Terms of Service

 

By using or registering for the services offered on the Site (collectively, the “Services”), users and the entities or persons they represent (“User” or “Users”) agree to be legally bound and abide by the terms, conditions, and notices set forth or referenced herein (the “Terms of Service“). AMM reserves the right to change these Terms of Service from time to time and at its sole discretion, so please check back periodically for changes. You can review the most current version of the Terms of Service at any time at: http://www.patientsguide.com/terms-of-service. Your continued use of this Site and the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes. In addition, when you purchase any good or service on the Site, you agree to the terms of each of the purchase policies to which each such good or service purchased via the Site or Services is subject, which is incorporated herein by reference.

 

If you do not agree to these Terms of Service please do not use the Site or the Services. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms of Service are expressly rejected by AMM and shall be of no force or effect. You represent that you have read and agree to be bound by these Terms of Service, including our Privacy Policy located at http://www.patientsguide.com/privacy, which you should review.

 

 

 

3.     Customer Information

You authorize AMM to provide your information to a number of Service Providers as decided by AMM. By submitting content to AMM, you grant, and you represent and warrant that you have the right to grant, to AMM an irrevocable, perpetual, non-exclusive, international license to use, copy, perform, display, and distribute the content as decided by AMM. AMM is committed to maintaining the privacy and security of any and all such information that you provide to AMM through AMM in accordance with its Privacy Policy.

4. This Site Does 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 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. Your access or use of this Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that 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. If you think you may have a medical emergency, call your doctor or 911 immediately.

5.     We Make No Warranties

We provide the Site and the Services on an “as is” basis, “with all faults” and “as available.” AMM, its licensors, and its suppliers do not guarantee that the results that may be obtained from the use of the Site or Services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use the Site or Services (either directly or through third-party networks) at times or locations of your choosing. No oral or written information given by AMM, or an AMM representative shall create a warranty. However, you may have additional consumer rights under your local laws that this contract cannot change. use of the site and services is at your own risk. AMM, its licensors, and its suppliers, to the fullest extent permitted by law, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, AMM, its licensors, and its suppliers make no representations or warranties about the following:

 

1. The accuracy, reliability, completeness, currentness, or timeliness of the content, software, text, graphics, links, advertisements, or communications provided on or through the use of the Site or Services, or

2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the content contained on the Site or the Services.

 

This provision shall survive the expiration or termination of this Agreement for any reason whatsoever.

6.      General Limitation of Liability

Your sole and exclusive remedy for any dispute with AMM, its licensors, or its suppliers is to cease use of the Site and Services. In no event shall AMM, its licensors, its suppliers, or any third parties mentioned on the AMM Site be liable for any damages (including, without limitation, indirect, special, incidental, consequential, or exemplary damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the AMM Site or Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not AMM, its licensors, its suppliers, or any third parties mentioned on the Site or Services are advised of the possibility of such damages. AMM, its licensors, its suppliers, or any third parties mentioned on the Site or Services are not liable for any personal injury, including death, caused by your use or misuse of the Site or Services. 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. Any claims arising in connection with your use of the Site or Services must be brought within one (1) year of the date of the event giving rise to such action occurred. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns. Remedies under these Terms of Service are exclusive and are limited to those expressly provided for in these Terms of Service. This provision shall survive the expiration or termination of this Agreement for any reason whatsoever.

 

 7.     Advertisement, Funding and Link/Banner Exchange Policies

 

The Site 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. AMM may provide links to third-party web sites. AMM also may select certain sites as priority responses to search terms you enter and AMM may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. AMM does not recommend and does not endorse the content on any third-party websites.  AMM is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. AMM does not endorse any product, service, or treatment advertised on the Site. 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. For more information, read our Advertising Policy.

 8.     User Submissions, Posts and Comments.

The user submissions, comments, and posts you submit to AMM is governed by our Privacy Policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.

 

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:

1. 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;

2. 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;

3. That praise, recommend, describe positive experiences with, or otherwise promote a business you own or by whom you are employed;

4. That are false or misleading, including reviews that are fabricated or exaggerate positive results; or

5. 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

6. 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 AMM $500 for each such prohibited review, question, answer or other content you post or submit on or through the Service, as liquidated damages. 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 AMM 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 AMM’s sole discretion. Additionally, you may not:

 

1. Use the Service in any way or for any purpose that is against the law;

2. 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 AMM Party;

3. Use the service to exploit, solicit or harm minors;

4. 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;

5. Promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;

6. Except to the extent you are otherwise directly authorized by AMM, provide or purport to provide medical advice, diagnosis, or treatment recommendations;

7. Register for multiple accounts or use the account of another person;

8. Impersonate or pretend to be any person other than yourself;

9. Use the service to attempt to solicit business or direct website visitors to a non-AMM site for commercial purposes;

10. Post similar or identical postings;

11. Post links to sites or files that contain or are viruses, spyware, malware, or other harmful content;

12. Attempt to interfere with or disrupt the Service or any person’s ability to use the Service; or

13. Use the Service for any purposes for which the Service is not intended.

14. 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 our Online Community Guidelines, Codes of Conduct or other notices we provide. Any use of the Service other than as specifically authorized herein, without the prior written permission of AMM, its affiliates and subsidiaries, is strictly prohibited.

 

This provision shall survive the expiration or termination of this Agreement for any reason whatsoever.

9.      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”). AMM does not claim ownership of such Submissions you post or submit. However, by posting or otherwise providing your Submission, you are granting permission to AMM, its affiliates and subsidiaries 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.

10.   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:

 

1. The link must be a text-only link that clearly includes the phrases “Body Contouring”, “Laser Liposuction”, or “Laser Lipo”

2. The link must “point” to a page on

3. 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 “10 Myths” area of the Site, the link should include the words “10 Myths”

4. 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

5. 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

6. 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

7. 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

11.   Choice of Law and Location for Resolving Disputes

 

You expressly agree that exclusive jurisdiction for any dispute with AMM, in any way relating to your use of the Site or Services, resides in the courts of the State of California, without regard to its conflict of law provisions, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Patients Guide or its affiliates, suppliers, licensors, subsidiaries, employees, contractors, officers, directors, and content providers.

 

These Terms of Service are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition. This provision shall survive the expiration or termination of this Agreement for any reason whatsoever.

 

 

 12. International Use

 

AMM, its affiliates and subsidiaries makes no representation that materials on the Site or Services are appropriate, legal or available for use in locations outside the United States, or that it is authorized for export from the United States or import into any other country. The Site and Services are not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use is contrary to local law or regulation. Those who choose to access the Site or Services from other locations do so on their own initiative and should inform themselves about and observe any such laws or regulations and consult a professional if in doubt as to the meaning of any part of the content and services of the Site or Services. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access the Site or Services

13. 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. This provision shall survive the expiration or termination of this Agreement for any reason whatsoever.

 14.   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. This provision shall survive the expiration or termination of this Agreement for any reason whatsoever.

15.  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 may not assign this contract to anyone else.

 16.   Your Notices to Us

 

Please submit any notices to us via the contact us link at the bottom of the site.

 17.   Before and After Picture Policy

 

Some photos are displayed on our website for the purpose of educating our visitors. These pictures in no way guarantee specific results as each procedure and each patient is unique. No one can guarantee the same results for visitors to our website. These pictures were taken by physicians performing the treatments and had consent to do so from their patients. These pictures have no been in any way ameliorated by our website or representatives of our website. Each before and after is of the same patient. It is important to note that results depicted may not reflect your own results.

 18.   Ability to Accept Terms of Service

 

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Site and Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Site or Services. Talk to your parents about what sites are appropriate for you.