Terms of Service
Effective Date: October 13, 2020
The terms “we,” “us,” and “our” refer to AMG Medical Tucson LLC (”AMG”). The term the “Site” refers to any of AMG’s websites including those located at the following addresses:
The terms “user,” “you,” and “your” refer to site visitors, customers, vendors, patients and any other users of the site.
AMG specializes in internal medicine and medical aesthetics, providing preventive health care and treating the full scope of medical concerns that face men and women throughout their adult years (“Service(s)”).
These Terms and Conditions apply to all Site visitors, customers, and all other users of the Site. By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and other information are subject to change. AMG makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. AMG disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you will be required to provide information about yourself including your name, email address, health information and other personal information. You agree that any information you give to AMG will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse Service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm your appointment with AMG and to confirm details concerning Service delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
PRODUCT SALES CONFIRMATION
We will email you to confirm your purchase of any products sold by third party platforms through AMG (“Products”) and to confirm details concerning Product delivery and payment. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF AGREEMENT
Once the Service appointment or Product purchase is confirmed, we will provide you with the Product or perform the purchased Service at the scheduled time.
We attempt to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and Service descriptions.
MATERIAL ONTHE SITE
You must not remove, copy, post, or otherwise use any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You will be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a removal.
As a feature of the Site, AMG may provide access to social media platforms in conjunction with the Site. AMG is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Site.
You agree that your use of these social media platforms is a privilege and AMG may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. AMG will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. AMG is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect AMG’s brand and image integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR INFORMATION
You may submit certain information to the Site to request an appointment or schedule a Service.
We claim no intellectual property rights over the information you supply to AMG. You retain copyright, ownership and any other rights you may rightfully hold in any information that you submit through the Site. Information you submit to AMG remains yours to the extent that you have any legal claims therein. You agree to hold AMG harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
We may request to record video or take photos before, during, and after your Service. We will secure your permission before using and distributing recordings, print materials, audio, or visual representations that refer to you. You consent to your name, words, voice, and likeness being used by AMG for promotional, business development, and marketing purposes, without compensation to you.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by AMG, including trademarks, copyrights, proprietary information, and other intellectual property. All intellectual property, including AMG’s copyrighted materials, will remain the sole property of AMG. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent.
We may at any time amend these Terms of Service. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms of Service, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.
NO MEDICAL ADVICE
The information provided on this website is not intended to represent medical advice to any person on any specific matter and should not substitute any advice or treatment from a medical provider. You must consult your physician before relying on any information on this website. Users who place reliance on the information contained on this website do so entirely at their own risk and no action or claim can be brought against AMG or the contributing authors or photographers for any consequences arising out of such reliance.
LINKS TO AND FROM THIS WEBISTE
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE.
The information, materials, services, products, messages, and other content contained on this website are provided for educational and general informational purposes only. Such content is not intended to be a substitute for obtaining medical advice and treatment from a licensed physician. You should not take any healthcare action based upon the content of this website without first obtaining appropriate guidance from a licensed physician. Giving, receiving, or using the content on this website does not constitute nor create a provider-patient relationship. No statement contained on this website constitutes a warranty, express or implied, with respect to healthcare, any standard of care, or any other matter.
You agree that your use of and reliance on information on this website is entirely at your own risk. You acknowledge that while we endeavor to ensure that the information we have provided on this website is accurate, we do not make any representation or warranty that the information we have provided is accurate or up-to-date, and we assume no responsibility for any consequences of relying on such information.
The inclusion on this website of advertisements for specific products or manufacturers does not indicate endorsement by AMG.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with AMG. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
AMG makes no representations whatsoever about any other website, which you may access through this one. When you access a non- AMG website, please understand that it is independent from AMG, and that AMG has no control over the content on that website. In addition, a link to a non- AMG website does not mean that AMG endorses or accepts any responsibility for the content, or the use, of this Site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
You will indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You will provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You will not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and will not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and AMG pertaining to the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by AMG will be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver will be binding unless executed in writing by AMG.
All listings, advertisements, other information, and all rights and remedies arising therefrom, or from the use of this website or any portion of this website, are governed exclusively by the laws of Arizona, without regard to the conflicts of laws, and your use of this website is your acceptance of said laws. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts located in Pima County, Arizona.
WAIVER OF TRIAL BY JURY
THE PARTIES EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THIS SITE.
All notices, requests, demands, and other communications under this Agreement will be in writing and properly addressed as follows:
6130 North La Cholla Boulevard
Tucson, Arizona 85741
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Terms of Service , or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties will be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated.