Liposuction.com Terms & Conditions

These terms and conditions (the “Terms”)
govern your access to and use of Liposuction.com’s
websites and mobile applications that link to or reference these Terms (“Site”).
By accessing or using the Site, you are agreeing to these Terms and concluding
a legally binding contract with Liposuction.com Inc., (“Liposuction.com”).
Do not access or use the Site if you are unwilling or unable to be bound by the
Terms.

1. DEFINITIONS

A.
Parties ”You” and “your” refer to you, as a user of the
Site. A “user” is someone who accesses, browses, crawls,
scrapes, or in any way uses the Site. “We,” “us,”
and “our” refer to Liposuction.com.

B.
Content ”Content” means text, images, photos, audio, video, location data, and
all other forms of data or communication. “Your Content” means
Content that you submit or transmit to, through, or in connection with the
Site, such as ratings, reviews, compliments, invitations, check-ins, messages,
and information that you publicly display or displayed in your account profile.
“User Content” means Content that users submit or transmit to,
through, or in connection with the Site. “Liposuction.com Content”
means Content that we create and make available in connection with the Site. “Third
Party Content” means Content that originates from parties other than
Liposuction.com or its users, which is made available in connection with the
Site. “Site Content” means all of the Content that is made
available in connection with the Site, including Your Content, User Content,
Third Party Content, and Liposuction.com Content.

2. CHANGES TO THE TERMS OF SERVICE We may modify the Terms from time to time. The most current
version of these Terms will be located here. You understand and agree
that your access to or use of the Site is governed by the Terms effective at
the time of your access to or use of the Site. If we make material changes to
these Terms, we will notify you by email or by posting a notice on the Site
prior to the effective date of the changes. We will also indicate at the top of
this page the date that revisions were last made. You should revisit these
Terms on a regular basis as revised versions will be
binding on you. Any such modification will be effective upon our posting of new
Terms. You understand and agree that your continued access to or use of the
Site after the effective date of modifications to the Terms indicates your
acceptance of the modifications.

3. TRANSLATION We may translate these
Terms into other languages for your convenience. Nevertheless, the English
version governs your relationship with Liposuction.com, and any inconsistencies
among the different versions will be resolved in favor of the English version.

4. USING THE SITE

A.
Eligibility To access or use the Site, you must be 18 years or older and
have the requisite power and authority to enter into these Terms. You may not
access or use the Site if you are a competitor of ours or if
we have previously banned you from the Site or closed your account.

B.
Permission to Use the
Site We grant you permission to use the Site subject
to the restrictions in these Terms. Your use of the Site is at your own risk,
including the risk that you might be exposed to Content that is offensive,
indecent, inaccurate, objectionable, or otherwise inappropriate.

C.
Site Availability The Site may be modified, updated, interrupted, suspended or
discontinued at any time without notice or liability.

D.
User Accounts You must create an account and provide certain information about
yourself in order to use some of the features that are
offered through the Site. You are responsible for maintaining the
confidentiality of your account password. You are also responsible for all
activities that occur in connection with your account. You agree to notify us
immediately of any unauthorized use of your account. We reserve the right to
close your account at any time for any or no reason. Your
account is for your personal, non-commercial use only. In creating it, we ask
that you provide complete and accurate information about yourself to bolster
your credibility as a contributor to the Site. You may not impersonate someone
else (e.g., adopt the identity of a celebrity or your next-door neighbor),
create or use an account for anyone other than yourself, provide an email
address other than your own, or create multiple accounts. If you use a
pseudonym, take care to note that others may still be able to identify you if,
for example, you include identifying information in your reviews, use the same
account information on other sites, or allow other sites to share information
about you with Liposuction.com. Please read our Privacy Policy for more information.

E.
Communications from
Liposuction.com and other Users By creating an account,
you agree to receive certain communications in connection with the Site. For
example, you might receive compliments or friend requests from other Users. You
will also receive our weekly e-mail newsletter about happenings in your
neighborhood. You can opt-out of non-essential communications here.

5. CONTENT

A.
Responsibility
for Your Content You alone are responsible for Your Content, and once published, it cannot
always be withdrawn. You assume all risks associated with Your Content,
including anyone’s reliance on its quality, accuracy, or reliability, or any
disclosure by you of information in Your Content that makes you personally identifiable.
You represent that you own, or have the necessary permissions to use and
authorize the use of Your Content as described herein. You may not imply that
Your Content is in any way sponsored or endorsed by Liposuction.com. You may expose yourself to liability if, for
example, Your Content contains material that is false, intentionally
misleading, or defamatory; violates any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy right, right
of publicity, or any other intellectual property or proprietary right; contains
material that is unlawful, including illegal hate speech or pornography;
exploits or otherwise harms minors; or violates or advocates the violation of
any law or regulation.

B.
Our Right to Use Your
Content We may use Your Content in a number of
different ways, including publicly displaying it, reformatting it,
incorporating it into advertisements and other works, creating derivative works
from it, promoting it, distributing it, and allowing others to do the same in
connection with their own websites and media platforms (“Other
Media”). As such, you hereby irrevocably grant us world-wide,
perpetual, non-exclusive, royalty-free, assignable, sublicensable,
transferable rights to use Your Content for any purpose. Please note that you
also irrevocably grant the users of the Site and any Other Media the right to
access Your Content in connection with their use of the Site and any Other
Media. Finally, you irrevocably waive, and cause to be waived, against
Liposuction.com and its users any claims and assertions of moral rights or
attribution with respect to Your Content. By “use” we mean use, copy,
publicly perform and display, reproduce, distribute, modify, translate, remove,
analyze, commercialize, and prepare derivative works of Your Content.

C.
Ownership As between you and Liposuction.com, you own Your Content. We own
the Liposuction.com Content, including but not limited to visual interfaces,
interactive features, graphics, design, compilation, including, but not limited
to, our compilation of User Content and other Site Content, computer code,
products, software, aggregate user review ratings, and all other elements and
components of the Site excluding Your Content, User Content and Third Party
Content. We also own the copyrights, trademarks, service marks, trade names,
and other intellectual and proprietary rights throughout the world (“IP
Rights”) associated with the Liposuction.com Content and the Site,
which are protected by copyright, trade dress, patent, trademark laws and all
other applicable intellectual and proprietary rights and laws. As such, you may
not modify, reproduce, distribute, create derivative works or adaptations of,
publicly display or in any way exploit any of the Liposuction.com Content in
whole or in part except as expressly authorized by us. Except as expressly and
unambiguously provided herein, we do not grant you any express or implied
rights, and all rights in and to the Site and the Liposuction.com Content are
retained by us.

D.
Advertising Liposuction.com and its licensees may publicly display
advertisements and other information adjacent to or included with Your Content.
You are not entitled to any compensation for such advertisements. The manner,
mode and extent of such advertising are subject to change without specific
notice to you.

E.
Content Feeds We make some of the Site Content (“Feed Content”)
available via Real Simple Syndication and Atom feeds (“Feeds”).
You may access and use the Feeds in order to display Feed Content on your
personal computer, website, or blog (“Your Site”), provided
that (i) your use of the Feeds is for personal,
non-commercial purposes only, (ii) your display of the Feed Content links back
to the relevant pages on Liposuction.com’s websites,
and attributes Liposuction.com as the source of the Feed Content, (iii) your
use or display of the Feed Content does not suggest that Liposuction.com
promotes or endorses any third party causes, ideas, websites, products or
services, including Your Site, (iv) you do not redistribute the Feed Content,
and (v) your use of the Feeds does not overburden Liposuction.com’s
systems. Liposuction.com reserves all rights in the Feed Content and may
terminate the Feeds at any time. Please select “Partnerships” on our
contacts page here to inquire about other possible uses of the Feeds.

F.
Other User Content (including any that may have been created by users
employed or contracted by Liposuction.com) does not necessarily reflect the
opinion of Liposuction.com. We reserve the right to remove, screen, edit, or
reinstate User Content from time to time at our sole discretion for any reason
or no reason, and without notice to you. For example, we may remove a review if
we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of
Your Content, nor do we guarantee any confidentiality with respect to Your
Content.

6. RESTRICTIONS We are under no obligation
to enforce the Terms on your behalf against another user. While we encourage
you to let us know if you believe another user has violated the Terms, we
reserve the right to investigate and take appropriate action at our sole
discretion.

A.
You agree not to, and will
not assist, encourage, or enable others to use the Site to:

i.
Violate our Content Guidelines, for
example, by writing a fake or defamatory review, trading reviews with other
businesses, or compensating someone or being compensated to write or remove a
review;

ii.
Violate any third party’s
rights, including any breach of confidence, copyright, trademark, patent, trade
secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right;

iii.
Threaten, stalk, harm, or
harass others, or promote bigotry or discrimination;

iv.
Promote a business or
other commercial venture or event, or otherwise use the Site for commercial
purposes, except in connection with a Business Account and as expressly
permitted by Liposuction.com;

v.
Send bulk emails, surveys,
or other mass messaging, whether commercial in nature or not; engage in keyword
spamming, or otherwise attempt to manipulate the Site’s search results or any
third party website;

vi.
Solicit personal
information from minors, or submit or transmit pornography; or

vii.
Violate any applicable
law.

B.
You also agree not to, and
will not assist, encourage, or enable others to:

i.
Violate the Terms;

ii.
Modify, adapt,
appropriate, reproduce, distribute, translate, create derivative works or
adaptations of, publicly display, sell, trade, or in any way exploit the Site
or Site Content (other than Your Content), except as expressly authorized by
Liposuction.com;

iii.
Use any robot, spider,
site search/retrieval application, or other automated device, process or means
to access, retrieve, scrape, or index any portion of the Site or any Site
Content;

iv.
Reverse engineer any
portion of the Site;

v.
Remove or modify any
copyright, trademark or other proprietary rights notice that appears on any
portion of the Site or on any materials printed or copied from the Site;

vi.
Record, process, or mine
information about other users;

vii.
Access, retrieve or index
any portion of the Site for purposes of constructing or populating a searchable
database of business reviews;

viii.
Reformat or frame any
portion of the Site;

ix.
Take any action that
imposes, or may impose, in our sole discretion, an unreasonable or
disproportionately large load on Liposuction.com’s
technology infrastructure or otherwise make excessive traffic demands of the
Site;

x.
Attempt to gain
unauthorized access to the Site, user accounts, computer systems or networks
connected to the Site through hacking, password mining or any other means;

xi.
Use the Site or any Site
Content to transmit any computer viruses, worms, defects, Trojan horses or
other items of a destructive nature (collectively, “Viruses”);

xii.
Use any device, software
or routine that interferes with the proper working of the Site, or otherwise
attempt to interfere with the proper working of the Site;

xiii.
Use the Site to violate
the security of any computer network, crack passwords or security encryption
codes; disrupt or interfere with the security of, or otherwise cause harm to,
the Site or Site Content; or

xiv.
Remove, circumvent,
disable, damage or otherwise interfere with any security-related features of
the Site, features that prevent or restrict the use or copying of Site Content,
or features that enforce limitations on the use of the Site.

C.
The restrictions above
only apply to the extent permissible under applicable law. Nevertheless, you
agree not to act contrary to them (even if permissible under applicable law)
without providing 30 days’ prior written notice to us here, together with any
information that we may reasonably require to give us an opportunity to provide
alternative remedies or otherwise accommodate you at our sole discretion.

7. GUIDELINES AND POLICIES

A.
Content Guidelines You represent that you have read and understood our Content Guidelines.

B.
Privacy You represent that you have read and understood our Privacy Policy. Note that we may disclose
information about you to third parties if we have a good faith belief that such
a disclosure is reasonably necessary to (i) take
action regarding suspected illegal activities; (ii) enforce or apply our Terms
and Privacy Policy; (iii) comply with legal process or other government
inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or
other legal process served on us; or (iv) protect our rights, reputation, and
property, or that of our users, affiliates, or the public. If you use the Site
outside of the United States, you consent to having your personal data
transferred to and processed in the United States.

C.
Copyright And Trademark
Disputes Please see our Infringement Policy for information about copyright and trademark disputes.

D.
Events Please see our Event Terms and Conditions for information about events listed on or linked to on the
Site. You represent that you have read and understood them.

8. LIPOSUCTION.COM DEALS AND LIPOSUCTION.COM ADVERTISING If you purchase a Liposuction.com Deal or Gift Certificate, the
terms of your purchase will be governed by the Liposuction.com General Terms for
Deals and Certificates. Please review them
before you make each purchase since they may change from time to time. In the
event of any conflict between the Liposuction.com General Terms for Deals and
Certificates and these Terms, the Liposuction.com General Terms for Deals and
Certificates will prevail.  Similarly, if
you create a business owner’s account on the Site or purchase advertising from
Liposuction.com, the Liposuction.com Advertising Agreement will apply. In the
event of any conflict between the Liposuction.com Advertising Agreement and
these Terms, the Liposuction.com Advertising Agreement will prevail.

9. SUGGESTIONS AND IMPROVEMENTS By sending us any ideas, suggestions, documents or proposals (“Feedback”),
you agree that (i) your Feedback does not contain the
confidential or proprietary information of third parties, (ii) we are under no
obligation of confidentiality, express or implied, with respect to the
Feedback, (iii) we may have something similar to the Feedback already under
consideration or in development, and (iv) you grant us an irrevocable,
non-exclusive, royalty-free, perpetual, worldwide license to use, modify,
prepare derivative works, publish, distribute and sublicense the Feedback, and
you irrevocably waive, and cause to be waived, against Liposuction.com and its
users any claims and assertions of any moral rights contained in such Feedback.

10.
THIRD PARTIES The Site may include links to other websites or applications
(each, a “Third Party Site”). We do not control or endorse any
Third Party Site. You agree that we are not responsible for the availability or
contents of such Third Party Sites. Your use of Third Party Sites is at your
own risk. Some of the services made available
through the Site may be subject to additional third party or open source
licensing terms and disclosures, including the ones posted here and incorporated herein by reference.

11.
INDEMNITY You agree to indemnify, defend, and hold Liposuction.com, its
parents, subsidiaries, affiliates, any related companies, suppliers, licensors
and partners, and the officers, directors, employees, agents and
representatives of each of them (collectively, the “Liposuction.com
Entities”) harmless, including costs, liabilities and legal fees, from
any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation
of the Terms, (iii) any products or services purchased or obtained by you in
connection with the Site, or (iv) the infringement by you, or any third party
using your account, of any intellectual property or other right of any person
or entity. Liposuction.com reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify us and you agree to cooperate with our defense of these claims. You
agree not to settle any such matter without the prior written consent of
Liposuction.com. Liposuction.com will use reasonable efforts to notify you of
any such claim, action or proceeding upon becoming aware of it.

12.
DISCLAIMERS AND
LIMITATIONS OF LIABILITY PLEASE READ THIS SECTION CAREFULLY SINCE IT
LIMITS THE LIABILITY OF THE LIPOSUCTION.COM ENTITIES TO YOU. EACH OF THE
SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE
WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER
SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT
YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION.
YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

A.
THE SITE IS MADE AVAILABLE
TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS
AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE LIPOSUCTION.COM
ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF
THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE LIPOSUCTION.COM ENTITIES MAKE
NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE,
ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE LIPOSUCTION.COM ENTITIES
ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE,
FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR
FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS
LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR
METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

B.
THE LIPOSUCTION.COM
ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS
THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS.
ACCORDINGLY, THE LIPOSUCTION.COM ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR
DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR
EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL
INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR
ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS
OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION
AND RISK.

C.
THE LIPOSUCTION.COM
ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES
LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR
ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE LIPOSUCTION.COM
ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

D.
YOUR SOLE AND EXCLUSIVE
RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR
ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO,
OR USE OF THE SITE.

E.
THE LIPOSUCTION.COM
ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU
SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF
(i) THE AMOUNT PAID, IF ANY, BY YOU TO THE
LIPOSUCTION.COM ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO
THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

F.
THE LIPOSUCTION.COM
ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES,
(ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR
(v) LOSS OF INFORMATION OR DATA.

13.
CHOICE OF LAW AND
VENUE California law will govern these Terms, as well
as any claim, cause of action or dispute that might arise between you and
Liposuction.com (a “Claim”), without regard to conflict of law
provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND
CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE
OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY,
CALIFORNIA.

14.
TERMINATION

A.
You may terminate the
Terms at any time by closing your account, discontinuing your use of the Site,
and providing Liposuction.com with a notice of termination here. Please review our Privacy Policy for information about
what we do with your account when terminated.

B.
We may close your account,
suspend your ability to use certain portions of the Site, and/or ban you
altogether from the Site for any or no reason, and without notice or liability
of any kind. Any such action could prevent you from accessing your account, the
Site, Your Content, Site Content, or any other related information.

C.
In the event of any
termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 – 14 will continue in full force and effect, including
our right to use Your Content as detailed in Section 5.

15.
GENERAL TERMS

A.
We reserve the right to
modify, update, or discontinue the Site at our sole discretion, at any time,
for any or no reason, and without notice or liability.

B.
We may provide you with
notices, including those regarding changes to the Terms by email, regular mail
or communications through the Site.

C.
Except as otherwise stated
in Section 10 above, nothing herein is intended, nor will be deemed, to confer
rights or remedies upon any third party.

D.
The Terms contain the
entire agreement between you and us regarding the use of the Site, and
supersede any prior agreement between you and us on such subject matter. The
parties acknowledge that no reliance is placed on any representation made but
not expressly contained in these Terms.

E.
Any failure on Liposuction.com’s part to exercise or enforce any right or
provision of the Terms does not constitute a waiver of such right or provision.
The failure of either party to exercise in any respect any right provided for
herein shall not be deemed a waiver of any further rights hereunder.

F.
If any provision of the
Terms is found to be unenforceable or invalid, then only that provision shall
be modified to reflect the parties’ intention or eliminated to the minimum
extent necessary so that the Terms shall otherwise remain in full force and
effect and enforceable.

G.
The Terms, and any rights
or obligations hereunder, are not assignable, transferable or sublicensable by you except with Liposuction.com’s
prior written consent, but may be assigned or transferred by us without
restriction. Any attempted assignment by you shall violate these Terms and be
void.

H.
The section titles in the
Terms are for convenience only and have no legal or contractual effect.

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