ropsc

(713)-522-8228

Menu

TERMS OF USE

River Oaks Plastic Surgery Center
Effective as of December 10, 2022

These are the terms of use (the “Terms of Use”) for your use of services or features on the websites owned and controlled by River Oaks Plastic Surgery Center and its affiliates (“we” or “www.ROPSC.com”).

This document contains important information about your rights and obligations. By using the Site, you fully and unconditionally accept and agree to these Terms of Use. If you do not agree to them, please do not use the Site. We may revise these Terms of Use at any time by updating this page. By using the Site, you agree to be bound by any such changes.

PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST River Oaks Plastic Surgery Center AND ITS AFFILIATES ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

LICENSE GRANT AND RESTRICTIONS

These Terms of Use provide you with a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Site solely for your personal use.

The foregoing license is limited. You therefore may not:

  • use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Site (or any part thereof) in any manner not expressly permitted by these Terms of Use;
  • reverse engineer, decompile, disassemble, translate, or create any derivative work of the Site (or any part thereof);
  • access, link to, or use any source code from the Site (or any part thereof); or
  • erase or remove any proprietary or intellectual property notice contained in or on the Site (or any part thereof).

In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of these Terms of Use and subject to the termination provisions set forth herein.

LIMITATIONS ON USE

The site is meant for adults. If you are a minor (as defined by the laws of the jurisdiction in which you reside), you must have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Service.

We make no representations that the Site is appropriate or available for use in locations outside of the United States or the United Kingdom, as applicable. If you access the Site from outside of the United States or the United Kingdom, as applicable, you do so voluntarily and at your own risk, and you are responsible for compliance with applicable law.

PRIVACY

Any information that you submit to us or that we collect through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.

USE OF THE SITE

Subject to our right to monitor or audit compliance, you acknowledge and agree that it is solely your responsibility to maintain your compliance with these Terms of Use. By accessing or using the Site, you also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Site. We maintain the Site for your non-commercial personal use. Your use of the Site for any other purpose is permissible only with our prior written consent. Without limiting the foregoing, you agree not to:

  • use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content;
  • interfere with others’ use of the Site;
  • impersonate another person while using the Site, including, but not limited to, an official or representative of River Oaks Plastic Surgery Center;
  • impair the Site’s operation or interfere with or disrupt the servers or networks connected to it;
  • interfere with our intellectual property rights;
  • frame or otherwise co-brand the Site or any of its content;
  • upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, e-mail or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or network;
  • or use the Site for any illegal purpose.

We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.

ELECTRONIC COMMUNICATIONS

By using the Site, you consent to receiving electronic communications and notices from us. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. In certain jurisdictions, we may ask customers for prior express written consent to send certain electronic communications. If you provide your consent, you understand that you can opt out at any time by following the procedures set forth in the Privacy Policy. If your email address changes, it is your responsibility to update your information promptly by accessing your accounting information on the Site or by contacting us directly.

PROPRIETARY RIGHTS

The contents of the Site, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Site (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by River Oaks Plastic Surgery Center or its licensors.

The Site and Material is considered a  Copyright © 2022 of River Oaks Plastic Surgery Center, and/or its licensors, ALL RIGHTS RESERVED. 

Any rights granted hereby are expressly licensed. River Oaks Plastic Surgery Center does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Site (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.

You may not alter, delete or conceal any copyright or other notices contained on the Site or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Site.

You may not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any Material without the express prior written consent of River Oaks Plastic Surgery Center or its owner if River Oaks Plastic Surgery Center is not the owner. River Oaks Plastic Surgery Center and all other names, logos, and icons identifying River Oaks Plastic Surgery Center and its products and services are proprietary trademarks of River Oaks Plastic Surgery Center (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of River Oaks Plastic Surgery Center is strictly prohibited.

Other product and company names mentioned herein or on the Site may be the trademarks and/or service marks of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us).

You may print a copy of the Material on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Material. Any other use of the Material is strictly prohibited. The Site may also contain content that is owned by third parties. You may use such third-party content only as expressly authorized by the applicable owner.

TRADEMARKS

All of our trademarks, service marks and trade names used on the Site are trademarks or registered trademarks of River Oaks Plastic Surgery Center in the U.S. and/or other countries. Except as otherwise permitted by these Terms of Use, they may not be used without our prior express written permission. All other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us).

DIGITAL MILLENNIUM COPYRIGHT ACT

We respect the intellectual property rights of others and require that the people who use the Site and products do the same. We may terminate the privileges of users who are repeat infringers of intellectual property rights. If you are a copyright owner and believe that any content posted on the Site infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our DMCA designated copyright agent for notice of claims of copyright infringement on the Site is Ronald Welsh, Esq., who can be reached as follows:

  1. Ronald Welsh, Esq.
    The Welsh Law Firm
    3900 Essex Lane, Ste. 1111
    Houston, Texas 77027
    Email: RWelsh@WelshLaw.com

 

TRANSACTIONS & PRICING

All transactions made through the Site are subject to our acceptance, which is in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.

All items purchased through the Site are made pursuant to a shipment contract. All shipments are made FCA, Shipping Point (freight prepaid and added to invoice). Risk of loss and title for your purchased items pass to you, and legal delivery is completed, upon our delivery of these items to the carrier for shipment to you at the Shipping Point. “Shipping Point” means the “shipped from” address on our sales or shipping documentation. “Freight prepaid and added to invoice” means that we pay the shipping charges and add such charges to your invoice.

When you purchase items through the Site, you agree and acknowledge that we will arrange for shipment of those items to you on your behalf as your agent and that you have authorized us to select the delivery service or carrier you indicated during the checkout process. As indicated above, shipping charges were invoiced to you when you completed your purchase.

For information regarding availability of shipments to locations outside of the United States or the United Kingdom, as applicable, and any additional terms and conditions may apply, please refer to the Shipping Info page on the Site. If any items are shipped to any location outside of the United States or the United Kingdom, as applicable, you agree and acknowledge that you will be the importer of record, and that you will be liable to pay all customs duties, taxes and similar charges, if any, imposed by the customs authorities for the import of the items to that location.

Please note that with respect to orders made through our non-US Site, all prices shown are inclusive of VAT (to the extent applicable) at the applicable local rates. For greater certainty, when you purchase items through the Site, you are liable to pay, to the extent applicable, all sales, VAT, goods and services, value-added or any similar taxes.

NO WARRANTY

While we use our best efforts to maintain the accuracy and reliability of the Site, we do not warrant, guarantee or make any representations regarding the use, or the results of the use, of the Site or Materials in terms of most current, available, accurate, reliable, complete, functional, intended purpose, or otherwise. River Oaks Plastic Surgery Center also does not represent or warrant that the Site will always operate error-free, uninterrupted, or in a manner that will meet your requirements. While we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, the Site and its content are provided “as is” and “as available” without warranty of any kind, either express of implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Applicable law in some locations, such as the State of New Jersey, does not allow the waiver of implied warranties set forth above, so this provision may not apply to you.

LIMITATION OF LIABILITY

You acknowledge and agree that in no event will River Oaks Plastic Surgery Center, its related companies, and each such company’s directors, officers, employees and agents be liable for any claim, damage, or loss resulting from a cause beyond River Oaks Plastic Surgery Center’ control, including, but not limited to, offers or promotions made available on the Site, failure of electronics or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, governmental restrictions, or any claim, damage or loss arising out of transactions or interactions between you, third party merchants or anyone else. You specifically acknowledge that River Oaks Plastic Surgery Center shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Moreover, you agree that in no event shall River Oaks Plastic Surgery Center be liable for any indirect, punitive, incidental, special, or consequential damages, including, without limitation for lost profits, for lost data, arising out of or in any way connected with your use of the Site, or for any information or materials available through the Site, whether based in contract, tort, strict liability, or otherwise, even if River Oaks Plastic Surgery Center has been advised of the possibility of damages. Without limitation of the foregoing, the total liability of the River Oaks Plastic Surgery Center for any reason whatsoever related to use of the Site, results from use of the Site, or for any claims relating to these Terms of Use shall not exceed $100. This liability, if any, shall be complete and exclusive.

Applicable law in some locations, such as the State of New Jersey, does not allow the limitation of liability of certain damages set forth above, so this limitation of liability may not apply to you.

INDEMNITY

You agree to indemnify and hold us, our related companies and each of our and their respective directors, officers, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through the Site (collectively, “Indemnified Parties”), arising from, in connection with, or relating to, any breach of these Terms of Use by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Site.

ENFORCEMENT

You have no reasonable expectation of privacy while using the Site because River Oaks Plastic Surgery Center reserves the right to view, monitor, and/or record activity on the Site (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Site may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall you permit any third party to disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by River Oaks Plastic Surgery Center for use of or with the Site. Moreover, you also acknowledge that any breach, threatened or actual, of these Terms of Use by you may cause irreparable injury to River Oaks Plastic Surgery Center and/or its licensors, such injury would not be quantifiable in monetary damages, and River Oaks Plastic Surgery Center and/or its licensors would not have an adequate remedy at law. You therefore agree that River Oaks Plastic Surgery Center and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Use. Accordingly, you hereby waive any requirement that River Oaks Plastic Surgery Center or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to River Oaks Plastic Surgery Center to enforce any provision of these Terms of Use.

USE OF INFORMATION SUBMITTED

You agree that we may use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.

PROMOTIONS

All offers are valid while supplies last. River Oaks Plastic Surgery Center reserves the right to substitute any product at its discretion and the right to limit quantities and discounts without notice. Not valid for bulk orders. Discounts and coupons are not valid for gift card purchases. Only one coupon code may be applied per order. Free or discounted shipping and handling offers are only valid for orders within the United States or the United Kingdom, as applicable.

SITE MODIFICATIONS

We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

LINKS TO OTHER SITES

The Site may include links to third-party websites. We do not control and are not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it. River Oaks Plastic Surgery Center expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites.

TERMINATION

We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. You acknowledge and agree that River Oaks Plastic Surgery Center shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of these Terms of Use. You may also terminate at any time by ceasing to use the Site. But, all applicable provisions of these Terms of Use will survive termination, as outlined below. Any licenses from River Oaks Plastic Surgery Center and any right to use the Site shall immediately cease upon termination of these Terms of Use. The provisions concerning feedback, River Oaks Plastic Surgery Center’ ownership rights, representations and warranties, binding arbitration agreement, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of these Terms of Use for any reason.

REPRESENTATIONS AND WARRANTIES

You represent and warrant to River Oaks Plastic Surgery Center that:

  • if you are a resident of the U.S., you are at least sixteen (16) years old, or, if you are a minor, you have obtained the consent of your parent or legal guardian to use the Site;
  • if you are a resident of the United Kingdom, you are at least age sixteen (16) years old, or, if you are a minor, you have obtained the consent of your parent or legal guardian to use the Site;
  • if you are a resident of any other country or territory, you are of the applicable legal age to use the Site without consent of your parent or legal guardian;
  • you are authorized to enter into these Terms of Use (or if you are a minor, you have obtained the consent of your parent or legal guardian to agree to these Terms of Use);
  • you will access and view the Site and the Materials for your personal, non-commercial use only;
  • you will not use the Site or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of River Oaks Plastic Surgery Center or any third party;
  • any information or data provided to River Oaks Plastic Surgery Center by you will not violate any law or regulation or infringe the rights of River Oaks Plastic Surgery Center or any third party;
  • all information that you provide to us in connection with the Site (e.g., name, e-mail address, and/or other information) is true and accurate; and
  • you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.

 

GOVERNING LAW

These Terms of Use has been made in and will be construed and enforced solely in accordance with the laws of the state where you reside, as determined by your address on file with River Oaks Plastic Surgery Center. If you live outside of the United States, the law of the State of Tennessee will apply. You and River Oaks Plastic Surgery Center also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms of Use and is hereby disclaimed. A printed version of these Terms of Use and of any related 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 as other documents and records originally generated and maintained in printed form. Please contact River Oaks Plastic Surgery Center if you wish to receive a printed copy of these Terms of Use.

BINDING ARBITRATION AGREEMENT

As used in this section, “Arbitration Provisions” refers to the provisions under this section entitled “Binding Arbitration Agreement.”

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Scope of the Arbitration Agreement. Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and River Oaks Plastic Surgery Center agree that any dispute between you and us concerning or arising in any way out of your use of or a purchase from the Site, these Terms of Use, any product or service, and any advertising, promotion, or other communications between you and River Oaks Plastic Surgery Center, shall be resolved through binding individual arbitration. Both you and River Oaks Plastic Surgery Center understand and agree that we are waiving our right to sue or go to court to assert or defend our rights. However, either you or River Oaks Plastic Surgery Center may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and River Oaks Plastic Surgery Center, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and River Oaks Plastic Surgery Center agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by these Arbitration Provisions. To file an arbitration demand and review the AAA Rules, you can go to the AAA’s website www.adr.org, or call the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and River Oaks Plastic Surgery Center agree otherwise, including to conduct of arbitration by telephone or videoconference, any arbitration hearing shall take place in the county of your residence (as determined by your billing address on file with River Oaks Plastic Surgery Center). If you live outside the United States, any arbitration will take place in San Francisco, California. Unless the arbitrator finds some or all of your claims to be frivolous, without merit or otherwise non-reimbursable, River Oaks Plastic Surgery Center will pay all filing, administrative, arbitrator and hearing costs up to the amount of $10,000. In determining whether an action is frivolous, the arbitrator may consider whether River Oaks Plastic Surgery Center has offered you a full refund of the sum you paid for items you purchased from River Oaks Plastic Surgery Center, or has otherwise offered full relief to you in relation to your individual claim). River Oaks Plastic Surgery Center also waives any rights it may have to recover an award of attorneys’ fees and expenses against you.

WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and River Oaks Plastic Surgery Center also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and River Oaks Plastic Surgery Center hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Governing Law and Other Terms. These Arbitration Provisions are governed by, and interpreted, construed, and enforced in accordance with, the United States Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Arbitration Provisions, or to any disputes and claims that are covered by these Arbitration Provisions, the law of the state of your residence, as determined by your mailing address on file with River Oaks Plastic Surgery Center, will govern. If you live outside of the United States, the law of the State of Tennessee will apply. We will provide notice of any material changes to these Arbitration Provisions, in which case you will have the right to opt out of these Arbitration Provisions within 90 days after such change. Except as set forth above regarding the class action waiver provision, if any portion of these Arbitration Provisions is deemed invalid or unenforceable, it will not invalidate the remaining portions of these Arbitration Provisions. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of these Arbitration Provisions, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.

Intellectual Property Disputes. If you have in any manner violated or threatened to violate any of River Oaks Plastic Surgery Center’ intellectual property rights, we may bring suit in any state or federal court in the State of Tennessee. You consent to exclusive jurisdiction and venue in these courts.

GENERAL

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. In the event any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of these Terms of Use, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms of Use nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and us in connection with your use of the Site. The relationship between you and River Oaks Plastic Surgery Center is and shall be that of independent contractors and nothing in these Terms of Use shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee. You may not assign or otherwise transfer these Terms of Use or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without River Oaks Plastic Surgery Center’ prior written consent. Any attempt of assignment, delegation, or transfer in violation of these Terms of Use shall be void, of no effect, and a material breach of these Terms of Use. Notwithstanding the foregoing, River Oaks Plastic Surgery Center may assign these Terms of Use in whole or in part. Moreover, River Oaks Plastic Surgery Center may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under these Terms of Use. These Terms of Use and the Privacy Notice, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and River Oaks Plastic Surgery Center with respect to subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and River Oaks Plastic Surgery Center with respect to the Site. Any rights not expressly granted herein are reserved by River Oaks Plastic Surgery Center. Please note that River Oaks Plastic Surgery Center reserves the right to change the terms and conditions of these Terms of Use and by which the Site is extended to you by providing you in writing or electronically a copy of such revised terms (or notice thereof). River Oaks Plastic Surgery Center also has the exclusive right to provide updates, upgrades, or changes to, or to suspend, discontinue, or modify any aspect of the Site at any time. Your continued use of the Site following any such change to such Site will be deemed acceptance to be bound by any such change to these Terms of Use or the Site.

CONTACT US

If you have any questions or concerns about these Terms of Use, please contact us.

Survey Consent Agreement

This survey involve the use of secure interactive electronic equipment.

I understand that there are potential risks to using technology, including service interruptions, interception, and technical difficulties.

I understand that I have the right to refuse to participate or decide to stop participating in the survey at any time.I may cancel my survey at any time by contacting River Oaks Plastic Surgery Center at  (713) 522-8228

I understand that the laws that protect privacy and the confidentiality of my private information apply to this survey.

I understand that this survey is a screening tool and will not result in any particular treatment recommendation/s.

I acknowledge that taking this survey does NOT establish a doctor – patient relationship

I understand that  goal of the screening survey is to ensure that patients with head and neck pain are on the right path toward pain relief which may or may NOT include surgery.

I understand that this survey will be governed by all applicable laws, rules, and policies of the State of Texas.  Any dispute between provider and patient will be decided in the State of Texas using the laws of the State of Texas.  Additionally, venue for any dispute will be decided in a Harris County state court.  Any dispute arising out of or related to this survey, including but not limited to any claim for breach of contract, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Houston, Texas, and shall be conducted by a single arbitrator. The arbitrator’s decision shall be final and binding on the parties, and judgment may be entered in any court of competent jurisdiction. The prevailing party in the arbitration shall be entitled to recover its reasonable attorney’s fees and costs.”

By signing this form, I attest that I (1) have personally read this form (or had it explained to me) and fully understand and agree to its contents; (2) have had my questions answered to my satisfaction.

River Oaks Plastic Surgery Center
2707 Ferndale Street
Houston, Texas  77098
713.522.8228
www.ropsc.com