TERMS OF USE AGREEMENT 

This website (“Site”), located at the www.mbodmedicalspa.com domain name is published and maintained by MBOD Medical Spa and its affiliates (collectively known herein as “MBOD”) in Miami, Florida. By accessing and using our websites (collectively referred to as the “Site”), the MiRgster software (the “Application”), providing data, messages or other information, and/or using the services offered by any third parties on or through the Site (the “Services”), you agree to this Terms of Use Agreement (“Agreement”) as it may be amended from time to time.

  • 1. Privacy
    Your privacy is important to us. When you visit the Site, or use the Application, we do not collect any personally identifiable information about you unless you specifically provide it to us. Please see MIRGSTER’s Privacy Policy for more information about our practices. 

  • 2. Amendment/Notice of Changes
    We reserve the right to change the terms and conditions contained in this Agreement, other service specific terms and conditions, or any policies or guidelines governing the services we provide, including without limitation, any of the information posted on the Site or Application, at any time and in our sole discretion. Any changes to the Site or Application, including service specific terms and conditions, or policies and guidelines referenced in this Agreement, will be effective upon posting of such revisions on the Site or Application and without notice to you. We will, however, post a notice of any changes to this Agreement on the Site for at least thirty (30) days after the changes are effective. You are responsible for regularly reviewing the Site for changes and notice of any changes. Changes to referenced policies and guidelines or any other information in any Web pages may be posted without any other notice to you. YOUR CONTINUED USE OF THE SITE, THE APPLICATION AND THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES TO THE AGREEMENT ON THE SITE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT OR THE SITE, DO NOT CONTINUE TO USE THE SERVICES, THE APPLICATION OR THE SITE. 

AGREE TO ANY CHANGES TO THIS AGREEMENT OR THE SITE, DO NOT CONTINUE TO USE THE SERVICES, THE APPLICATION OR THE SITE.

  • 3. Site Purpose and Site License
    The purpose of the Site and the Application is to provide patients with a quick and easy way to register with your medical provider, contact your medical provider and otherwise interact with your medical provider. The Site, the Application and all Content (defined) are provided only for use in providing the Services offered via the Site and the Application.

    We grant you a limited license to access and make personal use of this Site and the Application and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site the Application or its contents; any collection and use of any Content on the Site or the Application; any derivative use of this Site or its Content; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site or Application may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our Site and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license to the Site or the Application granted by MBOD. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as these links do not portray us, our members, affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link without express written permission.

    For the avoidance of doubt, we do not hereby grant you any license or other rights to any intellectual property or technology owned or operated by MIRGSTER or any of our affiliates, including, without limitation, any trademarks or trade names.

     

  • 4. Content
    “Content” used within this Agreement 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 or the Application, such as contact information, reports, messages, and information that you input in your account profile and in messages.

    • A. Responsibility for Your Content
      You alone are responsible for your content, and once stored, it cannot always be deleted. 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. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein.

       

    • B. Our Right to Use Your Content
      We may use Your Content in a number of different ways, including storing it, reformatting it, using it to provide Services to you and using it in other ways defined by our Privacy Policy. As such, you hereby irrevocably grant us worldwide, perpetual, non exclusive, royalty free, assignable, sublicensable, transferable rights to use Your Content for any purpose defined in our Privacy Policy. Finally, you irrevocably waive, and cause to be waived, against MBOD and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, reproduce, distribute, modify, translate, remove, and analyze Your Content.
    • C. MBOD Content
      All content placed on the Site or Application by MBOD, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MBOD or the property of its partners, agents, affiliates, or suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of MBOD and protected by U.S. and international copyright laws. All software used on this Site is the property of MBOD or the property of its partners, agents, affiliates, or suppliers and protected by United States and international copyright laws.

    • D. MBOD Trademarks
      MBOD and MiRgster and other marks on our Site and Application are trademarks of MBOD. All of our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of MBOD. Our trademarks and trade dress may not be used in connection with any product or service that is not ours or directly related to us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this Site or Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. 

  • 5. Reporting Copyright Violations
    Pursuant to the Digital Millennium Copyright Act (“DMCA”) of 1998, 17 U.S.C. 512(c)(2),MBOD and MIRGSTER have a DMCA Registered Agent for notice of alleged DMCA copyright infringement. You may contact MIRGSTER’S DMCA Registered Agent at email address mark@terryfirm.com or by mail to: 

    Mark Terry, Esq., 801 Brickell Av. Suite 900, Miami, FL 33131 

    To file a notice of infringement with MBOD, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the United States Copyright Office website, located at http://www.copyright.gov. 

    If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with this information: 

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed upon;
    • A description of where the material that you claim is infringing is located on the Site; 
    • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  • 6. Electronic Communications
    When you use the Site or Application, or send messages or emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by using the messaging features on this Site or Application. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. See our Privacy Policy for a more detailed explanation of how we use data that is electronically communicated.

  • 7. Inappropriate Use and Access 

    • A. You may not use the Site, Application or Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law.

    • B. You may not take any action that imposes or may impose an unreasonable or disproportionately large load on MBOD’s network infrastructure, as determined by MBOD in its sole discretion. 

    • C. You may not interfere or attempt to interfere with the proper working of the Site, the Application or any Services.
    • D. You may not bypass any measures MBOD may use to prevent or restrict access to the Site, Content, Application, or Services.
    • E. You may not link from any other website to this Site in any manner such that this Site, or any Content, is “framed” or surrounded by any other content, materials, or branding.

  • 8. Disclaimer/Indemnification
    Your use of the Site, Application and Content is at your own risk. THE SITE, CONTENT, APPLICATION, AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, MIRGSTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE SITE, CONTENT, APPLICATION OR SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT,  AND/OR MIRGSTER’S NEGLIGENCE. UNDER NO CIRCUMSTANCES  WILL MIRGSTER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, APPLICATION, CONTENT, OR SERVICES, EVEN IF MIRGSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MIRGSTER’S TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT,  EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITE, APPLICATION, CONTENT, AND SERVICES.

    You will indemnify, defend and hold MBOD and our affiliates (and the respective employees, directors, members, managers and representatives of each) and any operator of a MBOD property harmless from and against any and all claims, judgments, damages and expenses (including without limitation reasonable attorneys’ fees) (collectively, “Claims”) arising out of any breach or alleged breach by you of the terms of this Agreement, including without limitation the terms contained in this Agreement and the Privacy Policy, which are incorporated herein by reference.

  • 9. Links
    The Site may contain links to other websites (“Linked Sites”) operated by parties other than MBOD. MBOD has not reviewed the Linked Sites and does not monitor or control them. These links are provided for your reference only and MBOD is not responsible for the content of any offsite pages or other Linked Sites. MBOD’s inclusion of links to Linked Sites does not imply any endorsement of the material on the Linked Sites or any association with their operators. Except as set forth herein, we do not share your personal information with Linked Sites, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.

  • 10. Termination
    We may block, suspend, or terminate your use of the Site, Content, Application, or Services at any time for any reason. Reasons we might do so include, but are not limited to, the following: a. your breach of this Agreement; b. MBODis unable to verify or authenticate any information you provide to us; or c. MBOD believes that your actions could cause financial loss or legal liability to MBOD or other users of the Site; and d. routine network maintenance affecting all users.

  • 11. Changes to this Agreement
    We retain the right to revise this Agreement, in whole or in part, at any time. Your use of the Site, Application or any Content or Services after any particular revision of this Agreement will constitute your acceptance of the revised Agreement. 

  • 12. Jurisdictional Issues
    The Site and Application are controlled and operated by MBOD from its principal office in Miami, Florida, and is not intended to subject MBOD to the laws or jurisdiction of any state, country, or territory other than that of Florida and of the United States of America. MBOD does not represent or warrant that the Site, Application or the Services, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site, Application or Services do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site, or Application to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or reexport all or any part of the Content to (or to a national or resident of), or to use all or any part of the Content from (as applicable): (a) Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.

  • 13. Arbitration, Governing Law and Forum
    Any controversy, claim, or dispute arising out of or relating to (1) this Agreement, including with respect to its interpretation and the validity of this arbitration clause, or (2) the use, viewing, or access to the Site or Application, shall be settled by binding arbitration administered by the American Arbitration Association (AAA). The arbitration will proceed under the Expedited Procedures of the AAA’s Commercial Arbitration Rules, unless the parties agree in writing, or the arbitrator in his or her discretion determines, that the arbitration should proceed under the regular Commercial Arbitration Rules. A judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, subject to the venue selection, below.

    This Agreement is governed by, and shall be construed in accordance with, the laws of the State of Florida without regard to its principles of conflicts of law and of the United States of America, to the extent applicable. Venue for any arbitration or legal proceedings arising out of or relating to this Agreement shall be in Miami, Florida, U.S.A., unless otherwise agreed by the parties in writing or ordered by the arbitrator. The arbitrator shall award reasonable attorney’s fees and costs, including the cost of expert witnesses, if any, to the prevailing party in any arbitration proceeding.

  • 14. General
    This is the entire Agreement between you and MBOD and supersedes any prior understandings or agreements (written or oral). If any portion of this Agreement is held to be unenforceable, that portion will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. MBOD’s failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right.

Contact Direct all questions regarding this statement to: 

MBOD, LLC d/b/a MBOD MEDICAL SPA
1
717 N. Bayshore Dr. #230 Miami,  FL 33132