TERMS OF USE

BROBST FACIAL PLASTICS WEBSITE TERMS OF USE AND CONDITIONS

BROBST FACIAL PLASTICS, PLLC ("BROBST FACIAL PLASTICS", "WE," OR "US") OPERATES THE WEBSITE LOCATED AT WWW.DRBROBST.COM (THE "SITE"). THE USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS OF USE").

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND BROBST FACIAL PLASTICS. BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE AS WELL AS ANY OTHER TERMS, GUIDELINES OR RULES THAT APPLY TO ANY PORTION OF THIS SITE, WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE INFORMATION OR PRODUCTS OBTAINABLE OR ACCESSIBLE THROUGH THE SITE. IF YOU HAVE ANY QUESTIONS ABOUT THE TERMS OF USE, PLEASE CONTACT US AT [email protected]

1. PRIVACY

WE HAVE ADOPTED A PRIVACY POLICY THAT YOU SHOULD REFER TO IN ORDER TO FULLY UNDERSTAND HOW WE COLLECT AND USE YOUR INFORMATION. OUR PRIVACY POLICY IS HEREBY INCORPORATED INTO THESE TERMS OF USE BY REFERENCE.

2. ELECTRONIC COMMUNICATIONS

WHEN YOU VISIT THE SITE, OR SEND US E-MAILS, YOU ARE COMMUNICATING WITH US ELECTRONICALLY. IN SO DOING, YOU CONSENT TO RECEIVE COMMUNICATIONS FROM US ELECTRONICALLY. WE WILL COMMUNICATE WITH YOU BY E-MAIL OR BY POSTING NOTICES ON THIS SITE. YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATION BE IN WRITING.

3. COPYRIGHT

IMAGES OF PEOPLE, PLACES AND/OR PRODUCTS POSTED ON THIS SITE ARE EITHER THE PROPERTY OF BROBST FACIAL PLASTICS, OR ARE USED BY US WITH EXPRESS PERMISSION. UNLESS OTHERWISE NOTED, ALL CONTENT INCLUDED ON THIS SITE, INCLUDING IMAGES, ILLUSTRATIONS, DESIGNS, ICONS, PHOTOGRAPHS, VIDEO CLIPS AND WRITTEN AND OTHER MATERIALS IS THE PROPERTY OF BROBST FACIAL PLASTICS OR ITS PARTNERS OR AFFILIATES AND IS PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT LAWS. THE COMPILATION OF THIS SITE IS THE EXCLUSIVE PROPERTY OF BROBST FACIAL PLASTICS AND IS PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT LAWS. ANY UNAUTHORIZED USE OF ANY CONTENT ON THIS SITE IS STRICTLY PROHIBITED AND MAY VIOLATE COPYRIGHT AND TRADEMARK LAWS, AND/OR THE LAWS OF PRIVACY, PUBLICITY, AND/OR COMMUNICATIONS REGULATIONS AND STATUTES. NO MATERIALS OR CONTENT PROVIDED ON OR THROUGH THIS SITE MAY BE REPRODUCED, DISTRIBUTED, PUBLICLY PERFORMED, PUBLICLY DISPLAYED, COMMUNICATED TO THE PUBLIC, OR USED FOR THE CREATION OF A DERIVATIVE WORK WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE COPYRIGHT OWNER OF SUCH MATERIALS OR CONTENT. TO INQUIRE ABOUT OBTAINING AUTHORIZATION TO USE THE MATERIALS OR CONTENT ON THIS SITE, PLEASE CONTACT US AT [email protected]

4. LIMITED LICENSE AND SITE ACCESS

WE GRANT YOU A LIMITED LICENSE TO USE THE SITE FOR PERSONAL USE ONLY. CONSEQUENTLY, THIS GRANT DOES NOT ALLOW YOU TO, AND YOU AGREE NOT TO, DO ANY OF THE FOLLOWING: (A) RESELL OR MAKE ANY COMMERCIAL USE OF THIS SITE OR ANY OF THE CONTENTS OF THIS SITE; (B) MODIFY, ADAPT, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR CONVERT INTO HUMAN READABLE FORM ANY OF THE CONTENTS OF THIS SITE NOT INTENDED TO BE SO READ, INCLUDING BY USING OR DIRECTLY VIEWING THE UNDERLYING HTML OR OTHER CODE FROM THIS SITE EXCEPT AS INTERPRETED AND DISPLAYED IN A WEB BROWSER; (C) COPY, IMITATE, MIRROR, REPRODUCE, DISTRIBUTE, PUBLISH, DOWNLOAD, DISPLAY, PERFORM, POST OR TRANSMIT ANY OF THE CONTENTS OF THIS SITE IN ANY FORM OR BY ANY MEANS, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC, MECHANICAL, PHOTOCOPYING, RECORDING OR OTHERWISE; (D) USE ANY DATA MINING, BOTS, SPIDERS, AUTOMATED TOOLS OR SIMILAR DATA GATHERING AND EXTRACTION METHODS ON THE CONTENTS OF THE SITE OR TO COLLECT ANY INFORMATION FROM THE SITE OR ANY OTHER USER OF THE SITE; (E) UPLOAD OR OTHERWISE TRANSMIT TO OR THROUGH THE SITE ANY UNLAWFUL, HARMFUL, HARASSING, DEFAMATORY, THREATENING, VULGAR, SEXUALLY EXPLICIT, HATEFUL OR OTHERWISE OBJECTIONABLE MATERIAL OF ANY KIND, OR ANY MATERIAL THAT CAN CAUSE HARM OR DELAY TO THE SITE OR COMPUTERS OF ANY KIND; (F) GAIN UNAUTHORIZED ACCESS TO THE SERVICE, TO OTHER USERS' ACCOUNTS, NAMES OR PERSONALLY IDENTIFIABLE INFORMATION, OR TO OTHER COMPUTERS OR WEBSITES CONNECTED OR LINKED TO THE SITE; (G) REPRODUCE, DISTRIBUTE, PUBLICLY DISPLAY, PUBLICLY PERFORM, SELL, TRADE, RESELL OR EXPLOIT ANY PORTION OF THE SERVICE, USE OF THE SERVICE, ACCESS TO THE SERVICE OR CONTENT OBTAINED THROUGH THE SERVICE, FOR ANY PURPOSE OTHER THAN EXPRESSLY PERMITTED BY THESE TERMS, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, BY DOING OR ENGAGING IN ANY OF THE FOLLOWING WITHOUT OUR EXPRESS WRITTEN CONSENT: (1) COPYING, CACHING, RECORDING, COMPILING, OR REFORMATTING ANY INFORMATION OBTAINED FROM THE SITE FOR COMMERCIAL PURPOSES IN ANY FASHION WHATSOEVER, (2) FRAMING, EMBEDDING AND/OR PASSING OFF INFORMATION OBTAINED FROM THE SITE IN SUCH A MANNER AS TO PRESENT THE INFORMATION AS ORIGINATING FROM A SOURCE OTHER THAN THE SITE, OR (3) USING ANY SERVICE MARKS, DESIGN MARKS, LOGOS, PHOTOGRAPHS OR OTHER CONTENT BELONGING TO US OBTAINED FROM THE SITE; OR (H) ASSIST OR PERMIT ANY PERSONS IN ENGAGING IN ANY OF THE ACTIVITIES DESCRIBED ABOVE. THERE ARE NO IMPLIED LICENSES GRANTED IN THIS AGREEMENT.

5. LINKS TO OTHER WEBSITES

PLEASE BE AWARE THAT WE ARE NOT AND CANNOT MAKE ANY CLAIM OR REPRESENTATION REGARDING, AND WE ACCEPT NO RESPONSIBILITY FOR, THE QUALITY, CONTENT, NATURE OR RELIABILITY OF WEB SITES ACCESSIBLE FROM THIS SITE, OR WEB SITES LINKING TO THIS SITE.

6. CHILDREN

THIS SITE IS DESIGNED FOR AND INTENDED FOR USE BY ADULTS. IF YOU ARE UNDER 18, YOU MAY USE THIS SITE ONLY WITH INVOLVEMENT OF A PARENT OR GUARDIAN. IF YOU ARE A PARENT OR LEGAL GUARDIAN, YOU MUST MONITOR AND SUPERVISE THE USE OF THIS SITE BY CHILDREN, MINORS AND OTHERS UNDER YOUR CARE. YOU AGREE TO BE RESPONSIBLE FOR THEIR USE OF THIS WEBSITE.

7. DISCLAIMER

ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BROBST FACIAL PLASTICS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY MACK WELDON OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, BROBST FACIAL PLASTICS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BROBST FACIAL PLASTIC SURGERY AND AESTHETICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE; (II) UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR BROBST FACIAL PLASTIC SURGERY AND AESTHETICS'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS SITE; OR (VI) USE OF ANY PRODUCTS MADE AVAILABLE ON OR THROUGH THE SITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MACK WELDON OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MACK WELDON, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BROBST FACIAL PLASTIC SURGERY AND AESTHETICS, BROBST FACIAL PLASTIC SURGERY AND AESTHETICS'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT BROBST FACIAL PLASTIC SURGERY AND AESTHETICS WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.

9. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BROBST FACIAL PLASTIC SURGERY AND AESTHETICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM: (1) YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY CONTENT SUBMITTED OR TRANSMITTED BY YOU VIA THE SITE; (2) ANY ALLEGATIONS, DAMAGES OR CLAIMS RELATING TO ANY OF YOUR POSTINGS OR COMMUNICATIONS IN ANY FORUMS OR FACILITIES ON THE SITE, OR FOR INFRINGEMENT OR VIOLATION OF ANY THIRD-PARTY RIGHTS; OR (3) ANY VIOLATION BY YOU OF: (A) THESE TERMS OF USE; (B) BROBST FACIAL PLASTIC SURGERY AND AESTHETICS'S PRIVACY POLICY; (C) ANY OTHER TERMS, GUIDELINES OR RULES APPLICABLE TO THE SITE; (D) ANY RIGHTS OF ANY OTHER PERSON OR ENTITY; OR (E) ANY APPLICABLE LAWS, RULES, OR REGULATIONS. IN NO EVENT SHALL BROBST FACIAL PLASTIC SURGERY AND AESTHETICS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT YOU HAVE PAID BROBST FACIAL PLASTIC SURGERY AND AESTHETICS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

10. TERMINATION

NOTWITHSTANDING ANY OF THESE TERMS OF USE, WE RESERVE THE RIGHT, WITHOUT NOTICE OR ATTENDANT LIABILITY, AND IN OUR SOLE DISCRETION, TO TERMINATE YOUR LICENSE TO USE THIS SITE, AND TO BLOCK OR PREVENT FUTURE ACCESS TO AND USE OF THIS SITE FOR ANY REASON OR NO REASON. UPON TERMINATION, THESE TERMS OF USE WILL STILL APPLY.

11. GOVERNING LAW

THESE TERMS OF USE AND THE RELATIONSHIP BETWEEN YOU AND BROBST FACIAL PLASTIC SURGERY AND AESTHETICS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS AS IF YOU SIGNED THESE TERMS OF USE IN TEXAS. THE PROVISIONS OF THESE TERMS OF USE THAT CONFLICT WITH OR ARE INCONSISTENT WITH APPLICABLE GOVERNING LAW WILL BE SUPERSEDED AND/OR MODIFIED BY SUCH APPLICABLE LAW ONLY TO THE EXTENT SUCH PROVISIONS ARE INCONSISTENT. THE PARTIES AGREE TO SUBMIT TO THE FEDERAL OR STATE COURTS IN AND FOR COLIN COUNTY, TEXAS FOR EXCLUSIVE JURISDICTION OF ANY DISPUTE ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR YOUR BREACH OF THESE TERMS OF USE.

12. SOFTWARE

TO THE EXTENT APPLICABLE, SOFTWARE FROM THIS SITE IS FURTHER SUBJECT TO UNITED STATES EXPORT CONTROLS. NO SOFTWARE FROM THIS SITE MAY BE DOWNLOADED OR EXPORTED (I) INTO (OR TO A NATIONAL OR RESIDENT OF) ANY OTHER COUNTRY TO WHICH THE UNITED STATES HAS EMBARGOED GOODS; OR (II) ANYONE TO THE UNITED STATES TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONS OR THE U.S. COMMERCE DEPARTMENT'S TABLE OF DENY ORDERS. IF APPLICABLE, BY DOWNLOADING OR USING SOFTWARE ON THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN, UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY SUCH COUNTRY OR ANY SUCH LIST.

WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS OF USE AT ANY TIME.

FROM TIME TO TIME WE REVIEW THESE TERMS OF USE TO ENSURE THAT THEY COMPLY WITH APPLICABLE LAW. CONSEQUENTLY, WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS OF USE AT ANY TIME. YOU WILL KNOW IF THESE TERMS OF USE HAVE BEEN REVISED SINCE YOUR LAST VISIT TO THE WEBSITE BY REFERRING TO THE "EFFECTIVE DATE OF CURRENT POLICY" DATE AT THE TOP OF THIS PAGE. YOUR USE OF OUR WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THESE TERMS OF USE AS AMENDED OR REVISED BY US FROM TIME TO TIME, AND YOU SHOULD THEREFORE REVIEW THESE TERMS OF USE REGULARLY TO ENSURE THAT YOU ARE AWARE OF ITS TERMS.

13. SEVERABILITY

IF ANY OF THESE TERMS OF USE SHALL BE DEEMED INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, THAT TERM SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING TERM OR CONDITION.

14. ENTIRE AGREEMENT

THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE USER AND BROBST FACIAL PLASTIC SURGERY AND AESTHETICS WITH RESPECT TO THIS SITE AND SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN WITH RESPECT TO THIS SITE. A PRINTED VERSION OF THESE TERMS OF USE AND OF ANY NOTICE GIVEN IN ELECTRONIC FORM SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THESE TERMS OF USE TO THE SAME EXTENT AND SUBJECT TO THE SAME CONDITIONS AS OTHER BUSINESS DOCUMENTS AND RECORDS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.