Terms & Conditions

1. Acknowledgement and Acceptance

These Terms and Conditions of Use (the "Terms and Conditions", "Terms", or "Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and Elevé Cosmetic Surgery LLC (referred to as " Elevé Cosmetic Surgery", "we", "us", or "our") and govern your access to and use of the Elevé Cosmetic Surgery website located at https://elevemd.com (the "Site") as well as any related mobile applications, online platforms, or digital services on which these Terms are posted, linked, or referenced (collectively, the "Services").

2. Registration

To access certain features of the Site or Services, you may be required to complete a registration process and establish an account (referred to herein as the "Registration"). You agree that the information you provide during Registration is accurate, complete, and current, and you agree to promptly update such information if it changes. Failure to maintain accurate Registration details may impact your access to or use of the Services and the accuracy of communications or offerings we provide.

3. Your Responsibilities and Restrictions

You agree to use the Site and Services solely for your personal, non-commercial use and only in accordance with applicable law. You may not register more than one account for your personal use. You must be at least 18 years old to register for or use the Services. If you are a minor in your jurisdiction, your parent or legal guardian must supervise your use of the Services and accept these Terms on your behalf.

You are solely responsible for maintaining the confidentiality and security of your account credentials, including any usernames, passwords, or other security information used to access our Services. You agree to immediately notify us at info@elevemd.com of any suspected unauthorized use of your account or other breach of security. Elevé Cosmetic Surgery is not liable for any loss or damage resulting from your failure to secure your login information or device.

Use of the Services requires compatible devices and Internet access, which may be subject to charges from third-party service providers. You are solely responsible for such charges and ensuring that your devices and systems are compatible with the Site.

We reserve the right to modify or discontinue any portion of the Services at any time without notice. We are not liable for any unavailability of the Services, in whole or in part, at any time or for any period.

You agree not to attempt to access the Services from any location subject to sanctions by the U.S. Office of Foreign Assets Control (OFAC). A list of such sanctioned countries can be found on the U.S. Department of the Treasury website.

4. Consent to Collect Technical Data

By using the Site or Services, you consent to our collection and analysis of certain technical data to support, improve, and optimize our Services. This may include device and connection information such as IP address, browser type and version, time zone setting, operating system and platform, and usage details including navigation paths and clickstream data.

We may also utilize tracking technologies such as pixels and cookies to better understand how users interact with the Site. By continuing to use the Site and Services, you agree that Elevé Cosmetic Surgery may use this technical information for analytics, development, diagnostic, and business improvement purposes. We may also share aggregated or de-identified technical data for lawful business uses as further described in our Privacy Policy.

5. Ownership and Intellectual Property Rights

The Services and all content, features, functionality, and underlying technology—including, but not limited to, text, graphics, logos, icons, images, audio clips, video, data compilations, and software—are the property of Elevé Cosmetic Surgery, its licensors, or other content providers and are protected by U.S. and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

You do not acquire any ownership rights in the Site or its content by using the Services. Any suggestions, ideas, feedback, or other information you provide to Elevé Cosmetic Surgery relating to the Services ("Ideas") are deemed non-confidential and become the sole property of Elevé Cosmetic Surgery without compensation to you. You hereby irrevocably assign all right, title, and interest in such Ideas to Elevé Cosmetic Surgery, including all associated intellectual property rights.

You may not use, reproduce, distribute, modify, create derivative works of, publicly display, or perform any part of the Services without our prior written consent, except as expressly authorized in these Terms.

6. Usage Data, Your Data, Communications

To provide the Services, you grant Elevé Cosmetic Surgery a worldwide, non-exclusive, royalty-free, sublicensable, irrevocable license to use, reproduce, distribute, display, store, and create derivative works from any data, content, or materials you submit or upload in connection with your use of the Services ("Your Data"), solely to operate and improve the Services and as described in our Privacy Policy.

You also grant us the right to de-identify and aggregate Your Data for statistical, analytical, research, and business purposes. We retain exclusive ownership of all aggregated and de-identified data, as well as technical usage information ("Usage Data") that we collect from your interaction with our Services. Such data may be used to monitor system performance, improve the Site, and develop new offerings.

You acknowledge and agree that our use of Your Data and Usage Data complies with our Privacy Policy, which is incorporated into these Terms by reference.

7. User Conduct

You agree to use the Services only for lawful purposes and in compliance with these Terms and all applicable laws and regulations. You are prohibited from:

• Using the Services in a way that violates any applicable local, state, federal, or international law or regulation.
• Uploading or transmitting any material that is unlawful, harmful, defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity.
• Attempting to gain unauthorized access to the Services or interfering with their operation.
• Uploading any viruses, worms, malware, or other harmful code.
• Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or structure of the Site or Services.
• Scraping, crawling, or systematically extracting data without express written permission.
• Using any robot, spider, or other automated means to access the Services for monitoring or copying content.

Violation of these rules may result in the suspension or termination of your access to the Services at our sole discretion.

8. Limited Right to Use

Subject to your compliance with these Terms, Elevé Cosmetic Surgery grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal, non-commercial use only. This license does not include the right to:

• Resell or commercially exploit the Services or their content;
• Modify, copy, distribute, display, or create derivative works of any part of the Site or Services;
• Use any data mining, robots, or similar data gathering methods on the Site or Services.

All rights not expressly granted herein are reserved by Elevé Cosmetic Surgery. We reserve the right to revoke this license at any time without notice.

9. Disclaimer of Warranties

THE SERVICES AND ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS, AND OTHER FEATURES OR FUNCTIONALITIES PROVIDED THROUGH THE SITE ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEVÉ COSMETIC SURGERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

WE MAKE NO WARRANTIES THAT THE SITE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR DATA SECURITY AND BACKUPS.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELEVÉ COSMETIC SURGERY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICES EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless Elevé Cosmetic Surgery, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any claims, actions, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Site or Services;
• Your breach of these Terms or any applicable law;
• Your infringement of any intellectual property or other right of any person or entity.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with our defense of such claims.

12. Copyright Notices

We respect the intellectual property rights of others and expect users of our Site and Services to do the same. If you believe that any content on our Site infringes your copyright, please provide our designated DMCA agent with the following information:

• A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
• A description of the copyrighted work you claim has been infringed;
• A description of where the material you claim is infringing is located on the Site;
• Your address, telephone number, and email address;
• A statement 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, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

DMCA notices can be directed to:

Elevé Cosmetic Surgery
Attn: DMCA Agent
12575 Orange Dr
Davie, FL 33330
Email: info@elevemd.com

Failure to comply with all of the above requirements may result in your DMCA notice being invalid. We have a policy of terminating repeat infringers in appropriate circumstances.

13. Content and Materials

The information on the Services is provided solely for informational purposes. While Elevé Cosmetic Surgery strives to keep the content current, complete, and accurate, it makes no guarantees. The content may be updated, revised, or modified at any time without notice. We do not warrant the accuracy, completeness, or usefulness of any content (including service descriptions, pricing, images, or other information) provided on the Site or through our Services. Reliance on such materials is strictly at your own risk. Elevé Cosmetic Surgery disclaims all liability and responsibility arising from reliance on such information by you or anyone who may be informed of its contents.

14. Third-Party Sites, Applications, and Technologies

Our Services may contain links to third-party websites or applications, and embedded media or content from third-party sources. These links are provided solely for your convenience. Elevé Cosmetic Surgery does not control or endorse the content or practices of these third-party sites. If you click on a third-party link, you will be subject to that site's terms and policies. We are not responsible for the privacy or security of these third parties or the content or accuracy of their websites. We recommend reviewing the terms and privacy policies of any third-party sites you visit.

15. Governing Law, Mediation, and Arbitration

Governing Law

These Terms shall be governed by and construed under the laws of the State of Florida, without regard to conflict of law provisions.

Venue

Any legal action or proceeding that is not subject to arbitration must be brought in the courts located in Miami-Dade County, Florida. You consent to the jurisdiction of such courts.

Mediation

Before initiating arbitration, you agree to attempt to resolve disputes through non-binding mediation. A written Notice of Dispute must be submitted within 14 days of the event giving rise to the dispute. Mediation shall be held in Miami, Florida, and concluded within 60 days of the Notice. Each party shall bear its own costs, and share the mediator's fees equally.

Arbitration

If mediation is unsuccessful, both parties agree to resolve disputes by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in Miami-Dade County, Florida, by a single arbitrator. Arbitration will be the exclusive forum for dispute resolution, and class actions are strictly prohibited.

Arbitration Process

To initiate arbitration, a written Demand for Arbitration must be submitted. The arbitrator's award shall be final and binding and may be enforced in any court with jurisdiction. Arbitration decisions will be limited to the individual claims and may not consolidate claims of others.

16. Jury Trial and Class Action Waiver

BY USING OUR SERVICES, YOU AND ELEVÉ COSMETIC SURGERY WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY ONLY BRING CLAIMS ON YOUR OWN BEHALF AND NOT ON BEHALF OF ANY OTHER PERSON OR GROUP.

17. Content and Materials

The information on the Services is provided for general informational purposes only. Although Elevé Cosmetic Surgery strives to keep information current and accurate, we make no representations, warranties, or guarantees that the content is complete, accurate, or up-to-date. Reliance on any information provided through the Services is at your own risk. Elevé Cosmetic Surgery disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor or party informed of such content.

18. Third-Party Sites, Applications, and Technologies

The Services may include links to third-party websites, content, and resources that are not owned or controlled by Elevé Cosmetic Surgery. We are not responsible for the content, policies, or practices of any linked third-party site. We do not endorse or assume any responsibility for these external sites or their content, and you access them at your own risk. Any personal data you submit to a third-party site will be governed by that third party's terms and privacy policy.

19. Governing Law, Mediation, and Arbitration

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the courts located in Miami-Dade County, Florida.

Prior to filing any claim, you agree to attempt to resolve any dispute informally through mediation. Should mediation fail, the parties agree to resolve any remaining claims through binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be held in Miami-Dade County, Florida. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own legal fees and costs unless the arbitrator determines otherwise. No arbitration under these Terms may be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

20. Jury Trial and Class Action Waiver

YOU AND ELEVÉ COSMETIC SURGERY EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Any disputes will be resolved solely through individual arbitration or litigation as outlined in Section 15.

21. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND BARRED.

22. Waiver and Severability

No waiver by Elevé Cosmetic Surgery of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Elevé Cosmetic Surgery to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provisions of the Terms will continue in full force and effect.

23. Term and Termination

This Agreement is effective upon your acceptance of it as stated herein and it shall continue in effect in accordance with this section (the "Term"). You may terminate this Agreement at any time by discontinuing your use of the Services and providing us with a notice of termination.

24. Force Majeure

Elevé Cosmetic Surgery shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of Elevé Cosmetic Surgery and not due to Elevé Cosmetic Surgery's own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.

25. Updates and Changes to These Terms

We may add to, change, update, or modify these Terms and Conditions from time to time in our sole discretion. Should these Terms and Conditions change, we will post all changes to these Terms and Conditions on the Site and any such changes, updates, or modifications will be effective immediately upon posting on the Site. If we make material changes, we will also notify you through a notice on the homepage of the Site for a reasonable period of time. We may also, in our discretion, notify you of changes to these Terms and Conditions via email. The date on which these Terms and Conditions were last modified is identified at the beginning of these Terms and Conditions.

You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review these Terms and Conditions prior to using the Site, and from time to time, so that you are aware of any changes. Your continued use of the Site after the "Last Updated" date will constitute your acceptance of and agreement to such changes. If you do not agree with these Terms and Conditions, you should not use the Site.

Contact Us

All feedback, comments, requests for technical support, and other communications relating to the Site or our services should be directed to:

In Writing:

Elevé Cosmetic Surgery
12575 Orange Dr
Davie, FL 33330

By Email: contact@elevemd.com