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Terms & Conditions

Users of this web site are subject to these Terms of Use, plus any additional terms and conditions posted at specific portions of the site. Any web sites owned by 1-800-A NEW YOU, Inc., shall hereinafter be referred to as “the sites.”

The sites are dynamic Web sites, and changes are made as needed. All information is believed current as of its first appearance on the site or when last modified.

All items on the sites are copyrights of 1-800-A NEW YOU, Inc. This copyright extends to text and graphics, the selection, arrangement and presentation of all materials, and the overall design of the sites. Reproduction or republication is strictly prohibited without prior written permission by 1-800-A NEW YOU, Inc., unless and to the extent specific items posted on the sites indicate otherwise. 1-800-A NEW YOU™ is a service mark and reproduction or republication of this mark is strictly prohibited without prior written permission.

Links may be made to the sites provided the links do not use the service marks of 1-800-A NEW YOU, Inc. Links to the sites may not suggest or imply that 1-800-A NEW YOU, Inc. or its affiliates endorse or support the linking site, its sponsors and/or its advertisers, unless prior written permission to indicate any such endorsement or support has been granted. Framing of the sites or any of the content is strictly prohibited.

The sites are provided “as is.” Neither 1-800-A NEW YOU, Inc. nor its affiliated entities make any representations or warranties, of any kind or any nature, whether express or implied, created by law, contract or otherwise, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose, title or non-infringement.

In no event shall 1-800-A NEW YOU, Inc. or its affiliated entities be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special, consequential or incidental damages or loss of profits arising from, or in connection with, the existence, operation, use or reliance of the sites, regardless of whether 1-800-A NEW YOU, Inc. has been advised of the possibility of such damages.

The material contained on the sites is offered as information only and not as advice, medical, practice, financial, accounting, legal or any other professional advice. Use of the sites does not create any type of patient/physician relationship. Users need to consult their own professional advisors for such advice.

Information on the sites is provided as general information for users, and is not to be considered a substitute for the individual judgment of a qualified healthcare provider. As with all clinical reference resources, they reflect the science at the time of their development, but they should be used with the clear understanding that continued research may result in new knowledge or recommendations.

1-800-A NEW YOU, Inc. does not endorse any other sites that may appear, whether referenced herein or accessible via a hyperlink to their web site, on the sites, and makes no representation or warranties about the products or services they may provide. By linking to other web sites, 1-800-A NEW YOU, Inc. does not endorse the policies or practices of, or opinions expressed on, those sites; nor does 1-800-A NEW YOU, Inc. make any representations or warranties with respect to the accuracy of any items or claims contained therein.

Some portions of the sites may be published by separate organizations or entities, which are solely responsible for their content. Statements appearing in those portions of the sites are not endorsed by 1-800-A NEW YOU, Inc. or any of its subsidiaries, councils, representatives, commissions or agencies.

1-800-A NEW YOU is a service of 1-800-A NEW YOU, Inc. and these Terms & Conditions constitute the binding agreement between you, the user, and 1-800-A NEW YOU, Inc., regarding your use of the 1-800-A NEW YOU phone number, 1800ANEWYOU.com Web site and its services. Where applicable, references in these Terms & Conditions to the services on the 1-800-A NEW YOU Web site also include the phone-based services of 1-800-A NEW YOU. This Web site is offered to you, conditioned on your acceptance without modification, of the following terms and conditions contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms and conditions in effect at such time.

1-800-A NEW YOU SERVICES. Upon entering the required geographic area for which you would like to locate an eyecare specialist (hereinafter referred to as “Surgeon(s)”), we will attempt to link your request directly to the Web site of the closest surgeon who utilizes the 1-800 A NEW YOU telephone number.

1-800-A NEW YOU, Inc. operates via shared-usage of the 1-800-A NEW YOU telephone number. Accordingly, individual Surgeons or eye care medical practices license the exclusive usage of the1-800-A NEW YOU telephone number from 1-800-A NEW YOU, Inc. in specific geographic areas. All phone calls to 1-800-A NEW YOU are directly routed and ring through to the Surgeon or eye care medical practice that has licensed 1-800-A NEW YOU for the geographic region where the call originates. Regardless of the physical location of a cell phone caller, the cell phone caller will connect to a Surgeon or eye care medical practice in the geographic market area from which the particular cell phone is based, if a Surgeon has licensed the 1-800-A NEW YOU telephone number in that location. In some instances, Surgeons license 1-800-A NEW YOU usage for multiple geographic areas or states, and the Surgeon may be located in a different state from where the call originates. On its Web site, 1-800-A NEW YOU, Inc. simply attempts to connect or link users to the Web site of the Surgeon or eye care practice that has licensed the 1-800-A NEW YOU telephone number in that geographic location. 1-800-A NEW YOU, Inc. does not endorse or recommend any Surgeon or eye care practice utilizing the 1-800-A NEW YOU telephone number or Web site. Instead, geographic market areas are licensed to Surgeons on a fist come, first served basis. IT IS THE USERS SOLE RESPONSIBILITY, OF BOTH THE WEB SITE AND THE 1-800-A NEW YOU TELEPHONE NUMBER, TO THOROUGHLY RESEARCH ANY AND ALL MEDICAL PROFESSIONALS THEY MAY UTILIZE AND TO OBTAIN OPINIONS FROM MULTIPLE SURGEONS AND EYE CARE PRACTICES WHO UTILIZE AND WHO DO NOT UTILIZE THE 1-800-A NEW YOU TELEPHONE NUMBER AND WEB SITE PRIOR TO HAVING A PROCEDURE PERFORMED.

1-800-A NEW YOU does not guarantee that there are cosmetic specialists in your geographic area that are capable or willing to service your needs. We make no, and explicitly disclaim, any guarantees or representations regarding the skills or representations of any surgeon utilizing the 1-800-A NEW YOU telephone number or Web site. 1-800-A NEW YOU does not endorse or recommend the services of any particular specialist. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a surgeon, and we do not guarantee or warrant their performance, capabilities as a surgeon or medical professional, or any outcome of any medical procedure you may have a specialist perform. The Specialists are not employees or agents of 1-800-A NEW YOU, nor is 1-800-A NEW YOU an agent of any Specialist. 1-800-A NEW YOU does not perform, and is not responsible for, any of the services requested by you of any Surgeon. Your rights under contracts you enter into with any Surgeon are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any Surgeon, you must address such dispute with the Surgeon only and directly, AND YOU HEREBY AGREE TO RELEASE 1-800-A NEW YOU, Inc. (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH ANY SURGEON UTILIZING THE 1-800-A NEW YOU TELEPHONE NUMBER AND/OR WEB SITE.

You acknowledge and agree that your use of the 1-800-A NEW YOU services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the 1-800-A NEW YOU Web site is the sole and exclusive property of 1-800-A NEW YOU, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to 1-800-A NEW YOU, INC. for any such damages, and will indemnify 1-800-A NEW YOU, INC. in the event of any third party claims against 1-800-A NEW YOU, INC. based on or arising from your violation of the foregoing. All information about 1-800-A NEW YOU is confidential and for your personal use only. If it is determined or suspected by 1-800-A NEW YOU in its sole discretion that you are misusing or attempting to misuse the 1-800-A NEW YOU services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, 1-800-A NEW YOU reserves the right, in its sole discretion, to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

LINKS TO THIRD PARTY SITES. The links in the 1-800-A NEW YOU Web site will let you leave 1-800-A NEW YOU's Web site. The linked sites are not under the control of 1-800-A NEW YOU and 1-800-A NEW YOU is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. 1-800-A NEW YOU is not responsible for webcasting or any other form of transmission received from any linked site. 1-800-A NEW YOU is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 1-800-A NEW YOU of the site or Surgeon.

INDEMNIFICATION. YOU AGREE TO INDEMNIFY 1-800-A NEW YOU, INC., AND ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE 1-800-A NEW YOU TELEPHONE NUMBER OR WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

GENERAL PROVISIONS. You acknowledge and agree that the 1-800-A NEW YOU services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and 1-800-A NEW YOU's sole obligation to you or any third party for any claim arising out of your use of the 1-800-A NEW YOU services or the 1-800-A NEW YOU Web site, is that you are free to discontinue your use of the 1-800-A NEW YOU services or the 1-800-A NEW YOU Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, 1-800-A NEW YOU EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND YOU AGREE THAT 1-800-A NEW YOU SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF 1-800-A NEW YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT, OR YOUR USE OF THE 1-800-A NEW YOU WEB SITE. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. These Terms and Conditions will inure to the benefit of 1-800-A NEW YOU's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of 1-800-A NEW YOU to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions are governed by the laws of the State of Florida. You agree to submit to jurisdiction in Florida and that any claim arising under these Terms and Conditions will be brought solely in a court in Orange County, Florida.