If any condition shall be deemed invalid, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity of the remaining conditions. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you may not use or access the Site.
2. No Medical Advice.
The content, including but not limited to text, graphics, images or other material contained on the Site is for educational/informational purposes only, and is not a substitute for the diagnosis, treatment, or
medical advice that would be provided by a qualified healthcare professional. Your reliance on any information or Content provided on the Site, whether or not it is provided by a healthcare professional, is solely at your own risk. You should always seek the advice of your physician or health care professional for any questions you may have about your own medical condition.
3. No Minors.
You may not access the Site without a parents permission if you are under 18 years of age.
4. Your Service Account; Email Consent.
In order to use some of the features on the Site, you may be asked to register and provide information about yourself. By utilizing the Site, you consent to receive emails from NAWI, also known as Naples Aesthetics and Wellness Institute, LLC, which may include commercial emails provided such emails are in accordance approved by NAWI, also known as Naples Aesthetics and Wellness Institute, LLC
5. Products and Service Endorsements.
NAWI, also known as Naples Aesthetics and Wellness Institute, LLC, does not endorse or recommend any specific content, procedures, products, opinions, or any other material or information available on the Site.
There may be medical related or health-related materials posted by NAWI, also known as Naples Aesthetics and Wellness Institute, LLC, or other third parties that may contain nudity. If you find these materials to be offensive, then you may want to use the Site or Service in such a way as to limit your viewing of this material.
7. Photograph/Video Policy.
Healthcare professionals must have consent from individuals and follow all HIPAA requirements before uploading, submitting or posting any patient photographs or videos.
8. Performance and Usage Information.
We may automatically upload performance and usage data for evaluating the Site and the software associated with the Site. This data will not personally identify you.
9. Links to Other Websites.
The Service may contain links to other websites maintained by third parties (“Third Party Website”) or you may be able to log into the Service through a Third Party Website. Third Party Websites are not
dealings with or participation in promotions of third parties found on a Third Party Website, including payment and delivery of goods or services any other terms (such as warranties) are solely between you and the third parties. You agree that NAWI, also known as Naples Aesthetics and Wellness Institute, LLC, shall not be responsible for any loss or damage of any kind relating to your dealings with such third parties.
10. NAWI, also known as Naples Aesthetics and Wellness Institute, LLC,
DISCLAIMS ALL WARRANTIES.
We provide the Service “as-is,” “with all faults” and “as available.” NAWI, also known as Naples Aesthetics and Wellness Institute, LLC, and its affiliates disclaim all warranties, guarantees or conditions. Without limiting the foregoing, to the extent permitted by law, we exclude and disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort, and non infringement.
IN ADDITION, IN NO EVENT, SHALL Naples Aesthetics and Wellness Institute, LLC, BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY(INCLUDING, WITHOUT LIMITATION, BY ANY USER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT PROFESSIONALS OR PROCEDURES POSTED ON THE SITE.
11. Jurisdiction. NAWI, also known as Naples Aesthetics and Wellness Institute, LLC, controls and operates the Site from the United States of America in Collier County, Florida . These Terms and the Service are governed by United States federal law and the laws of the State of Florida, excluding any conflicts of law provisions. Accessing, browsing or otherwise using the Site means you hereby consent to the exclusive jurisdiction of the state and federal courts in Collier County, Florida and you waive all defenses of lack of personal jurisdiction and forum non-conveniences with respect to venue and jurisdiction in the state and federal courts of Collier County, Florida
You agree to indemnify and hold harmless NAWI, also known as Naples Aesthetics and Wellness Institute, LLC,
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 Service, your use of the Service, your conduct in connection with the Service or with other users of the Site, and any violation of this contract or of any law or the rights of any third party.
13. Claim Must Be Filed Within One Year; Arbitration.
Any dispute, claim or controversy arising out of or relating to these Terms, NAWI, also known as Naples Aesthetics and Wellness Institute, LLC or the Site or the
breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the event first giving rise to the claim. The arbitration shall be held in Kootenai County, Idaho before one arbitrator. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association. Judgment on the Award may be entered in any court having jurisdiction. Each of the parties shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of
arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration.
These Terms constitute the entire agreement between you and NAWI, also known as Naples Aesthetics and Wellness Institute, LLC regarding the use of the Site, and supersedes any prior agreements between you and NAWI, also known as Naples Aesthetics and Wellness Institute, LLC relating to your use of the Site.
The failure of NAWI, also known as Naples Aesthetics and Wellness Institute, LLC to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.