Terms of Use

ATHENIX ADVANCED PLASTIC SURGERY & AESTHETIC CENTERS
TERMS OF USE

Last Updated: December 9, 2024

The websites located at www.athenixbody.com and each sub-site thereof (collectively the “Site”) are copyrighted works belonging to Athenix Advanced Plastic Surgery & Aesthetic Centers and its parent company Northwest Surgical Development Company, Inc. (collectively, the “Company”, or “we”). The Company offers its services, processes your appointment, and completes other tasks you request (collectively, and with all other services provided through the Site, the “Services”) on the Site. Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, each of which will be posted on the Service or Site in connection with such features. All such Additional Terms, guidelines, and rules are incorporated by reference into these Terms.

1. AGREEMENT 

These Terms of Use (the “Terms”) set forth the legally binding terms for your use of the Site and Services. By accessing or using the Site or Services, you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these Terms, do not access and/or use the Site or Services. These Terms incorporate the terms of the Company’s Privacy Policy (the “Privacy Policy”).



2. MODIFICATION OF THESE TERMS OF USE



The Company reserves the right, at any time in our sole discretion, to modify, change, or replace any part of these Terms and any applicable Additional Terms under which the Service is offered, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by changing the “Last Updated” date above. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Service.



3. CONDITIONS OF YOUR USE

A. You may not use the Services unless you are at least eighteen (18) years old.



B. As a condition of your use of the Service, you warrant to the Company that you will not use the Services or any content you provide to the Site (“Content”) for any purpose that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to the Company. In addition, you may not (i) use the Service or Content in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service; (ii) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service; (iii) harvest any information from the Service or Content; (iv) interfere with the proper operation of or any security measure used by the Service or Content; (v) infringe any intellectual property or other right of any third party; (vi) use the Service or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (vii) otherwise violate these Terms or any applicable Additional Terms.



C. You agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.

D. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

E. Excluding any Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by the Company or approved third parties such as the Company’s affiliates or suppliers. Neither these Terms nor your access to the Site transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in this Section 3. The Company and its licensors reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.



4. COPYRIGHTS AND TRADEMARKS

The trademarks, logos, service marks or copyrighted materials displayed on the Site are the property of the Company and/or other parties. You are prohibited from using any trademark, logo, service mark or copyrighted material for any purpose without the written permission of the Company or such third party which may own the trademarks, logos, service marks or copyrighted materials. You are prohibited from copying, reproducing, modifying, distributing, transmitting, displaying, publishing, selling, licensing, transferring, creating derivative works or using any information obtained on or through the Site for any commercial or public use.



5. LINKS TO OTHER SITES

The Site contains links to other websites which give you access to third-party material. The Company has no discretion to alter, update, or control the content on such a site accessed through a link. The existence of the link to another site is not an indication of the Company’s affiliation, endorsement, authorization or sponsorship with the linked site and the user should read and be familiar with that site’s terms and conditions. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, third-party sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.



6. MEDICAL REPRESENTATIONS

The information appearing on this Site is given on a generalized, generic basis and is not specific to any individual patient’s condition. Information on this Site can be helpful to you to assist in the making of informed decisions about healthcare. The use of this Site does not create a physician-patient or provider-patient relationship. This information is not intended to replace a health professional-patient relationship, and you should always consult with a professional for diagnosis and treatment of any health problems. You should not disregard any advice or treatment from your healthcare professional based on your interpretation of what you may read on the Site.



7. NO WARRANTY

THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY (AND OUR AFFILIATES, PARENTS, EMPLOYEES, AGENTS, DIRECTORS, AND SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND,WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.



8. MARKETING, CONTENT, PRIVACY POLICY

A. Electronic Communications. The communications between you and the Company use electronic means, whether you use the Site or send us emails, or whether the Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights. If you subscribe to text updates, we share your phone number with SMS service providers who are under confidentiality agreements, as more fully detailed in our Privacy Policy. Where required by law, we will ask you to explicitly opt in to receive marketing from us. If we send you a marketing communication, it will include instructions on how to opt out of receiving those communications in the future. 

B. In some instances, the Company offers users access to forms (including testimonials) or surveys that may accept personal information from you as set forth in our Privacy Policy. Subject to any further legally-required consent, by using the Site and providing any such information, you grant the Company the absolute and perpetual right or license to use and share your information or other Content pursuant to our Privacy Policy. Please refer to our Privacy Policy for further information.

C. Any personal data you provide to us on the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference. Where provided by applicable local law, you have the right to opt out of receiving targeted advertising from us; to exercise this right, see our Privacy Policy.



9. INDEMNITY

You agree to indemnify and hold the Company (and its subsidiaries, officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services; (b) your Content; (c) your violation of these Terms; or (d) your violation of applicable laws or regulations. The Company 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 matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY (OR OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.


NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) FIFTY US DOLLARS ($50); OR (B) AMOUNTS YOU HAVE PAID THE COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.



SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.



11. TERM AND TERMINATION

Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including any account thereon) at any time for any reason or no reason at our sole discretion with no notice to or recourse from you, including for any violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Services will terminate immediately without notice or recourse. You understand that any termination of your access may involve deletion of your Content from our live databases. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 3-12.



12. GOVERNING LAW AND DISPUTE RESOLUTION

A. Governing Law and Venue.

These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms or the Site or Services (a “claim”) must be brought in a state court located in Denver County, Colorado or a federal court located in Denver, Colorado, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding. Notwithstanding anything to the contrary, The Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.



B. Contact the Company First


If a dispute arises between you and the Company, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with The Company regarding our Site or Services by emailing [email protected].

C. Improperly Filed Claims

All claims between you and the Company must be resolved in accordance with this Section 12. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, the Company may recover attorneys’ fees and costs up to $10,000, provided that the Company has notified you in writing of the improperly filed claim and you fail to promptly withdraw the claim. Similarly, should the Company file a claim contrary to this Section, you may recover attorneys’ fees and costs up to $10,000, provided that you have notified the Company in writing of the improperly filed claim and the Company fails to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.



13. ACCESSIBILITY

The Company strives to maintain a Site that is both accessible to all visitors and compliant with the Web Content Accessibility Guidelines (WCAG) put forth by the World Wide Web Consortium (W3C).

We recognize that accessibility and usability are not always possible in every area of the Site, or for those visitors using assistive technologies and devices. The Company conducts accessibility reviews of its Site and remediates issues uncovered by these audits. Please be aware that our efforts are ongoing.

If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this Site, please contact our Accessibility Manager at (888) 276-1535.

14. MOBILE TERMS AND CONDITIONS

Opt in to receive messages regarding your appointment with Athēnix Advanced Plastic Surgery & Aesthetic Centers by texting JOIN. Message frequency Varies. Message and data rates may apply.
 
By opting into this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.

By signing up, you are confirming you are over the age of 18.



STOP Information

Text STOP, STOPALL, UNSUBSCRIBE, END,  or QUIT to stop receiving Athēnix Advanced Plastic Surgery & Aesthetic Centers messages from Athēnix (you will receive a confirmation text). 

HELP Information

For additional information, text HELP or contact 888-276-1535.
 
15. CONTACT INFORMATION

For any questions relating to these Terms, please contact the Company at:

Northwest Surgical Development Company, Inc.
Attn: Privacy Officer
100 Fillmore Street, Suite 235
Denver, CO 80206