Terms of Service

Important Disclaimer

These terms of use are entered into by and between you and K and B Surgical Center. The following terms and conditions (“Terms of Use”), and any documents incorporated herein by reference, govern your access to and use of marksolomonmd.com, including any content, functionality, and services offered on or through marksolomonmd.com (the “Website”).

By using the Website you affirm that you are able and legally competent to agree to and comply with these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Website.

The Website is offered and available to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes

K and B Surgical Center reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Website. All changes are effective immediately when we post them. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised.

Accessing the Website

We reserve the right to withdraw, modify, alter or amend the Website, and any service(s) or material(s) we provide on the Website, in our sole discretion, at any time, without notice. We shall not be liable if, for any reason, all or any part of the Website is unavailable at any time for any period.

You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. All information you provide to register with this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Consent to Receive Phone and Text Messages; Recordings

By providing your telephone number, you agree to receive phone calls and text messages from us via automated dialing technology to discuss our services. When you opt-in, we will send you a message to confirm your signup. You can cancel this service at any time by replying “STOP.”

Message frequency may vary. Message and data rates may apply.

Recording of telephone conversations requires prior opt-in consent and verbal confirmation of consent at the start of any call that is recorded.

Links to Other Websites

The Website may contain links to third-party websites (“Other Websites”) that are not under K and B Surgical Center’s control. K and B Surgical Center makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Websites that are accessible by hyperlinks from the Website or link to the Website.

K and B Surgical Center provides these links as a convenience and the inclusion of any link does not imply affiliation, endorsement, or adoption by K and B Surgical Center of the Other Websites or any information or materials contained on them.

Intellectual Property Rights

The Website and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by K and B Surgical Center, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website;
• Modify copies of any materials from this site;
• Access or use for any commercial purposes any part of the Website or any services or materials available through the Website;
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Notwithstanding the foregoing, you may (1) temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and (2) you may store files that are automatically cached by your Web browser for display enhancement purposes.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by K and B Surgical Center. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate K and B Surgical Center, a K and B Surgical Center employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the K and B Surgical Center or users of the Website, or expose them to liability.
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The use of the Website is not a substitute for professional clinical advice or treatment and does not create a physician-patient relationship.

Information on the Website is not provided in the course of a professional relationship between a health care provider and a patient and is not intended to create any patient relationship, nor should it be considered a replacement for consultation with a health care professional.

If you have any health problems or health care-related questions, please call, or see your physician or other health care provider promptly. If you have an emergency medical condition, call 911.

K and B Surgical Center disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by K and B Surgical Center, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of K and B Surgical Center. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimer of Warranties

K and B Surgical Center intends for the information and data contained in the Website to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided “AS IS” and “AS AVAILABLE”. You expressly agree that your use of the Website and any information contained therein is at your sole risk. Neither K and B Surgical Center nor any person associated with K and B Surgical Center makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website.

Accordingly, to the extent permitted by applicable law, K and B Surgical Center EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.

Limitation of Liability

IN NO EVENT WILL K AND B SURGICAL CENTER OR ITS OFFICERS, PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF K AND B SURGICAL CENTER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content and services available through the Website or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless K and B Surgical Center, its officers, providers, members, employees, agents, successors, subsidiaries, affiliates or third parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Legal Dispute / Agreement to Binding Arbitration

Any dispute, claim or controversy (that is not resolved informally as set forth below) between you and K and B Surgical Center, its officers, agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “K and B Surgical Center”) arising from or relating in any way to: (1) these Terms of Use and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms of Use; (2) your use of any website owned or operated by K and B Surgical Center; or (3) any products or services sold or distributed by K and B Surgical Center or through any website owned or operated by K and B Surgical Center (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court. Covered Disputes shall be interpreted broadly.

Mandatory Informal Dispute Resolution

K and B Surgical Center values its customers and seeks to resolve disputes informally where possible. Before formally pursuing a Covered Dispute in arbitration, you agree to first send a detailed notice (“Notice”) to K and B Surgical Center by email at [email protected]. If K and B Surgical Center has a dispute with you, K and B Surgical Center agrees to first send a detailed Notice to your e-mail address on file with us.

Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for K and B Surgical Center to identify any transaction or service at issue; and (4) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.

You and K and B Surgical Center agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should K and B Surgical Center request a telephone conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or K and B Surgical Center may initiate an arbitration.

Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process.

Initiating Arbitration and Arbitration Rules

Any arbitration between you and K and B Surgical Center shall be administered by ADR Services, Inc. (“ADR”) in accordance with ADR’s operative Arbitration Rules (the “ADR Rules”) in effect at the time any demand for arbitration is filed with ADR, as modified by this Legal Disputes Section. If ADR is unavailable or unwilling to administer the proceeding under the Legal Disputes Section as written, the parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) in effect at the time any demand for arbitration is filed with AAA, as modified by this Legal Disputes Section.

If the AAA is unavailable or unwilling to apply this Legal Disputes Section as written, the parties shall mutually agree on an alternative administrator that will administer the proceeding under the Legal Disputes Section as written. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator that will do so.

Any arbitration will be held before a single neutral arbitrator. To begin an arbitration proceeding, you must send the demand for arbitration or arbitration notice form made available from the arbitration administrator and supplement that form with a detailed description of your claim, including with the information required for your Notice and the accompanying signed certification of compliance with the informal process referenced above (collectively referred to as “demand for arbitration”), to ADR (or to AAA if it is the administrator as set forth above).

You must personally sign your demand for arbitration. You agree to also send K and B Surgical Center a copy of your demand for arbitration at 9033 Wilshire Blvd, Suite 210, Beverly Hills, CA 90211. If K and B Surgical Center initiates arbitration, we will send a copy of our demand for arbitration to your email address on file with us.

You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or in person in the county where you live or at another location reasonably convenient for you, or at a mutually agreed-upon location.

Arbitration Fees

Payment of all filing, administration and arbitrator fees will be governed by the ADR Rules (or the AAA Rules should AAA be the designated administrator as set forth above). Upon a showing of financial hardship, K and B Surgical Center will consider your request to promptly reimburse your portion of the arbitration fees provided for in the ADR (or AAA) Rules.

Jury Trial and Class Action Waiver

Except as the Terms of Use otherwise provide and to the fullest extent permitted by law, you and K and B Surgical Center acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction.

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and K and B Surgical Center may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and may each bring claims against the other only in your or its individual capacity.

As referenced above, the arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. If a court determines that this class action waiver is not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief shall proceed in court but shall be stayed pending arbitration of the remaining claims.

Governing Law

You and K and B Surgical Center agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the State of California apply.

Should any action proceed in court (other than in small claims court), you consent to the exclusive jurisdiction of the federal and state courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by K and B Surgical Center of any term or condition set out in these Terms of Use 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 of K and B Surgical Center to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and K and B Surgical Center regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Termination

Your ability to access and use the Website remains in effect until terminated in accordance with these Terms of Use. You agree that K and B Surgical Center, in its sole discretion, may terminate any account you possess on the Website and your use of the Website and may remove and delete any content you create if K and B Surgical Center believes that you have violated or acted inconsistently with these Terms of Use or for any other reason.

K and B Surgical Center also may in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website may be effected without prior notice and you acknowledge and agree that K and B Surgical Center may bar any further access to the Website.

Further, you agree that K and B Surgical Center will not be liable to you or any third-party for any termination of access to the Website. The provisions of the Intellectual Property Rights, Disclaimer of Warranties, Indemnification, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

Geographic Restrictions

The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

General Information

These Terms of Use are not assignable, transferable or sublicensable by you except with K and B Surgical Center’s prior written consent. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe, in good faith, that content or material on our Website infringes a copyright owned by you, you (or your agent) may send K and B Surgical Center a notice requesting that the material be removed or access to it blocked.

Notices and counter-notices with respect to K and B Surgical Center should be sent to: 9033 Wilshire Blvd, Suite 210, Beverly Hills, CA 90211.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

Contact Information