Pure MedSpa, Pure Medical One LLC, and Rusul Noori DDS (collectively, “Pure MedSpa,” “us,” “our,” or “we”) will grant you (“you,” “your,” and “user”) the right to use its website (“Site”), and any services provided in connection with the Site (the “Services”), conditioned specifically on your agreement to all of the terms and conditions of this Terms of Use (“Terms”). Services and Site may be accessed from time to time by the user, regardless of whether the use is in connection with an account or not. Please read these Terms and our Privacy Policy carefully. These Terms govern your access to and use of the Site and Services and constitute a binding legal agreement between you and Pure MedSpa.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, OR BY DOWNLOADING OR UPLOADING ANY CONTENT FROM OR THROUGH THE SITE OR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS. YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES, OR COLLECTIVE CONTENT UNLESS YOU AGREE TO THESE TERMS. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” extends beyond you to also refer and apply to that company or other legal entity.
“Collective Content” means, collectively, Pure MedSpa Content. “Content” means information, data, text, graphics, images, or other materials. “Pure MedSpa Content” means Content that we make available through the Site or Services, including any Content licensed from a third party. Certain areas of the Site (and your access to or use of certain Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content. Unless explicitly stated otherwise, any new features that augment or enhance the current Services in the future shall be subject to these Terms. These new features may be posted to the Site, and you are deemed to have accepted these Terms in connection with your access or use of any such new feature.
Pure MedSpa reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification via the Site or provide you with notice of the modification. By continuing to access or use the Site or Services after we have posted a modification via the Site or have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Site and Services.
BY USING THIS SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. Use of the Services is void where prohibited by law or otherwise. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services. You understand that your use of the Services may involve or require the transmission of significant amounts of data. You are solely responsible for all data charges that may be charged by your wireless carrier or internet service provider or that may otherwise arise from your use of the Services.
You understand and agree that the Services may include certain communications from Pure MedSpa, such as service announcements and administrative messages, and you may be able to opt out of receiving certain types of announcements or messages. However, you will not be able to opt out of any announcements and messages related to the implementation of Pure MedSpa’s Privacy Policy.
4.1 No Diagnostic or Medical Services
PURE MEDSPA’S WEBSITE IS PRIMARILY AN INFORMATIONAL TOOL, AND NO PART OF THE SERVICES, SITE, OR COLLECTIVE CONTENT ARE FOR THE DELIVERY OF HEALTH CARE SERVICES, OR CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, OR TREATMENT. NOTHING IN THESE TERMS OF SERVICE, SITE, SERVICES, OR COLLECTIVE CONTENT SHALL BE CONSTRUED AS THE DISPENSING OF MEDICAL, NURSING, OR OTHER HEALTH CARE ADVICE, DIRECTLY OR INDIRECTLY BY PURE MEDSPA, OR AS A SUBSTITUTE FOR ANY OF THE FOREGOING. ALWAYS SEEK PROFESSIONAL MEDICAL ADVICE IF YOU ARE CONCERNED ABOUT YOUR HEALTH, AND DO NOT DELAY IN SEEKING IT. THE SITE, SERVICES, AND COLLECTIVE CONTENT ARE NOT DESIGNED OR INTENDED FOR USE IN EMERGENCIES OR LIFE-THREATENING SITUATIONS OR OTHERWISE TO ADDRESS MEDICAL PROBLEMS.
4.2 No Warranty
YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SITE OR SERVICES IS SOLELY AT YOUR OWN RISK.
Information that you submit via email to one of Pure MedSpa’s offices via the Site may contain individually identifiable information (like your name, phone number, email address) and may be protected under federal and state privacy laws. A complete statement of Pure MedSpa’s privacy policy can be found at the Site. The privacy policy is expressly incorporated into these Terms by this reference.
Subject to your compliance with the terms and conditions of these Terms, Pure MedSpa grants you a limited, non-exclusive, non-transferable license: to view, any Pure MedSpa Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site or Services (“Feedback”). You may submit Feedback by emailing us. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
You agree not to do any of the following:
Pure MedSpa respects copyright law and expects its users to do the same.
The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that Pure MedSpa is not responsible or liable for: (A) the availability or accuracy of such websites or resources; or (B) the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Pure MedSpa of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
Pure MedSpa reserves the right to revoke your access to and use of the Site, Services, and Collective Content at any time, with or without cause.
THE SITE, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PURE MEDSPA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PURE MEDSPA MAKES NO WARRANTY THAT THE SITE, SERVICES, OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PURE MEDSPA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PURE MEDSPA OR THROUGH THE SITE, SERVICES, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT PURE MEDSPA DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES PURE MEDSPA VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF USERS OF THE SITE OR SERVICES. PURE MEDSPA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES.
You agree to defend, indemnify, and hold Pure MedSpa, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings or demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, or Collective Content, or your violation of these Terms.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER PURE MEDSPA NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PURE MEDSPA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
All trademarks, service marks, logos, trade names and any other proprietary designations of Pure MedSpa used herein are trademarks or registered trademarks of Pure MedSpa. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
These Terms shall be governed by the laws of the State of California. The courts of the State of California shall have jurisdiction to entertain any action arising under these terms or any other agreement, document or instrument contemplated herein, and you hereby accept and irrevocably submit to the jurisdiction of the courts of California and acknowledge their competence and agree to be bound by any judgment thereof. Notwithstanding the governance of these Terms, you may have additional obligations and responsibilities to adhere to in the jurisdiction in which you practice medicine or another health profession.
These Terms constitute the entire and exclusive understanding and agreement between Pure MedSpa and you regarding the Site, Services, and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Pure MedSpa and you regarding the Site, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Pure MedSpa’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Pure MedSpa may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Pure MedSpa via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
All disputes between you and Pure MedSpa arising out of or concerning these terms, including but without limitation any dispute as to the interpretation of these terms, any alleged breach of these terms, the right of a party to exercise any right or remedy herein provided which have not been settled by informal negotiations or mediation, shall be resolved by binding arbitration in Los Angeles, California, administered by JAMS, and before a single arbitrator pursuant to JAMS’s Comprehensive Arbitration Rules and Procedures. The arbitrator may, but shall not be obligated, to award to the party to the dispute whom the panel decides has achieved substantial success in the arbitration proceedings all or any part of the legal fees, arbitrator’s fees and costs and other costs incurred by that party with respect to the arbitration. The arbitration shall be conducted in strict confidence, and there shall be no disclosure to any person (other than necessary to carry out the arbitration) of the existence of the dispute or any aspect of the dispute. Judgment on the Award may be entered in any court having jurisdiction.
The failure of Pure MedSpa to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pure MedSpa. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms of Use, please contact Pure MedSpa by email.