PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

 

These Terms of Service (“Terms“) apply to your access to and use of the websites, mobile applications and other online offerings (collectively, the “Site“) provided by NEW FACE MD SURGERY CENTERS LLC (“we,” “our,” or “us”). By accessing or by using our Site you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site.

 

IMPORTANT MEDICAL DISCLAIMER

THE INFORMATION PROVIDED ON THIS SITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS, NOR SHOULD IT BE CONSIDERED A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. DO NOT USE THE INFORMATION ON THIS SITE FOR DIAGNOSING OR TREATING ANY MEDICAL OR HEALTH CONDITION. IF YOU HAVE OR SUSPECT YOU HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT YOUR HEALTHCARE PROVIDER. ALL MEDICAL DECISIONS MUST BE MADE IN CONSULTATION WITH A QUALIFIED HEALTHCARE PROVIDER WHO HAS ACCESS TO YOUR SPECIFIC MEDICAL HISTORY AND CONDITION.

 

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing a notice through our Site or by updating the Effective Date. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.

 

1. PRIVACY

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

 

2. VIRTUAL CONSULTATIONS AND PHOTO SUBMISSIONS

 

2.1 Virtual Consultations

1. Virtual consultations scheduled through our Site are preliminary discussions only and do not establish a doctor-patient relationship.
2. Virtual consultations are not a substitute for in-person medical evaluations.
3. A formal medical evaluation and in-person consultation are required before any medical procedures can be scheduled.
4. We reserve the right to decline virtual consultations at our discretion.

 

2.2 Photo Submissions

1. By submitting photographs through our Site’s forms (“Before” pictures or others), you:
2. Represent that you are the owner of such photographs or have the right to share them
3. Grant us permission to use them for consultation and evaluation purposes
4. Understand that photos are processed and stored through Microsoft Dynamics and Power Apps
5. Acknowledge that while we maintain strict security protocols, no internet transmission is 100% secure

 

3. THIRD-PARTY SERVICES AND INTEGRATIONS

 

3.1 Microsoft Services

1. Our Site uses Microsoft Dynamics and Power Apps for form processing and data collection
2. Your use of these features is also subject to Microsoft’s terms of service and privacy policies
3. We are not responsible for the privacy practices or content of these third-party services

 

 

3.2 Financing Services

1. Links to CareCredit and Alphaeon are provided for your convenience
2. We do not process financing applications or collect financial information
3. We are not responsible for the content, accuracy, or practices of these financing services
4. Clicking these links will take you to third-party websites governed by their own terms of use

 

3.3 AI Chatbot

1. Our Site utilizes an AI-powered chatbot for customer service
2. Information provided by the chatbot is for general guidance only
3. Chatbot responses should not be considered medical advice
4. Sensitive medical questions should be discussed during consultations with our healthcare providers

 

4. CONSENT TO USE OF DATA AND MOBILE COMMUNICATION

You consent to our communicating with you about the Site and our services by SMS, text message, e-mail or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications.

 

5. USER CONTENT

Our Site may allow you and other users to create, post, store, and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and us.

 

If you submit any User Content to us, including through the Site, you grant us and our employees, contractors, service providers, and consultants, a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such User Content, and any name, username or likeness provided in connection therewith, in all media formats and channels now known or later developed without compensation to you, in connection with the Site and us.

 

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

 

6. PROHIBITED CONDUCT AND CONTENT

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Site, and you are solely responsible for your conduct while using our Site. You will not:

 

1. Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
2. Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
3. Sell, resell or commercially use our Site;
4. Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
5. Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
6. Use our Site other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
7. Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
8. Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
9. Develop or use any applications that interact with our Site without our prior written consent;
10. Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
11. Bypass or ignore instructions contained in our robots.txt file; or
12. Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
13. You may also post or otherwise share only User Content, if our Site allows User Content, that is non-confidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
14. Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
15. Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
16. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
17. Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
18. Impersonates, or misrepresents your affiliation with, any person or entity;
19. Contains any unsolicited promotions, advertising or solicitations;
20. Contains any private or personal information of a third party without such third party’s consent; or
21. Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.

 

Enforcement of this Section 6 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.

 

7. OWNERSHIP; LIMITED LICENSE

The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

 

8. TRADEMARKS

Our logos, our slogans, and the look and feel of the Site are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

 

9. FEEDBACK

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or our Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that we may treat Feedback as non-confidential.

 

10. THIRD-PARTY CONTENT, PRODUCTS, AND SITES

We may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and make no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

 

11. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us, our employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or relating to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Site. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.

 

12. DISCLAIMERS

Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our Site is accurate, complete, reliable, current or error-free. While we attempt to make your use of our Site safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.

 

13. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, we, our employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, and employees, will not be liable to you under any theory of liability (whether based in contract, tort, negligence, strict liability, warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if such parties have been advised of the possibility of such damages. Our total liability, including that of our employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, and employees, for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to the amount of compensation you pay, if any, to use or access the Site.

 

14. GOVERNING LAW AND VENUE

Any dispute arising out of or relating to these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of the State of Florida, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be exclusively resolved in the state or federal courts in Miami-Dade County, Florida.

 

15. MODIFYING AND TERMINATING OUR SITE

We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension.

 

16. SEVERABILITY

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

 

17. 1 MINORS

Our Site is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Site only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for upholding all Terms.

 

18. MISCELLANEOUS

Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

 

19. COPYRIGHT POLICY

We respect the intellectual property of others, and we ask those posting or transmitting any content to our Site to respect copyright law. It is our policy to restrict and/or terminate in appropriate circumstances the ability to submit content and/or use the services and any associated websites by individuals or entities that repeatedly submit infringing content in violation of these Terms.

 

If you believe that your work has been copied and is available on our Site in a way that constitutes copyright infringement, you may notify us according to the notice requirements of the Digital Millennium Copyright Act (“DMCA”) and any other applicable law. Pursuant to 17 U.S.C. Section 512, our DMCA registered agent can be reached as follows:

 

By mail to:

Copyright Officer

NEW FACE MD SURGERY CENTERS LLC

14432 Biscayne Blvd.

North Miami Beach, FL 33181

 

By telephone: 305-848-0008

 

Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

 

TERMS OF USE OF SERVICES

 

Welcome to New Face MD Surgery Centers. We are excited to have you as a patient. We believe transparency in our financial policies is essential to a good provider-patient relationship, so we have created this term of use agreement. NOTE: This Agreement is between you and New Face MD Surgery Centers NOT between your physician, an independent contractor.

 

1. MEDICAL SERVICES AGREEMENT

 

New Face MD Surgery Centers (“we,” “us,” or “our”) provides cosmetic and plastic surgery services through our Florida Board Certified surgeons under the supervision of our Medical Director, Dr. David Jativa. By scheduling or receiving services at our facility, you agree to these Terms of Use.

 

2. MEDICAL PROVIDERS

 

2.1 Qualification of Providers

All surgical procedures at New Face MD Surgery Centers are performed exclusively by Florida Board Certified cosmetic and plastic surgeons. Dr. David Jativa, in his capacity as Medical Director, may participate in procedures and provides oversight to ensure quality of care and optimal outcomes.

 

2.2 Supervision and Oversight

While Dr. David Jativa serves as Medical Director of New Face MD Surgery Centers and may participate in or oversee procedures, each surgeon maintains independent medical judgment and responsibility for their patients’ care.

 

3. PATIENT ACKNOWLEDGMENTS

 

By agreeing to these Terms, you acknowledge and understand that:

1. Results from cosmetic and plastic surgery procedures can vary among individuals
2. No specific outcomes or results are guaranteed
3. All surgical procedures carry inherent risks
4. Following pre- and post-operative instructions is crucial for optimal results
5. Additional treatments or revisions may be necessary in some cases

 

4. CONSULTATION AND INFORMED CONSENT

 

4.1 Initial Consultation

All patients must complete an initial consultation before scheduling any surgical procedure. During this consultation, your surgeon will:

• Evaluate your medical history
• Discuss your goals and expectations
• Explain procedure options, risks, and potential outcomes
• Answer any questions you may have

 

4.2 Informed Consent

Prior to any procedure, you will be required to:

• Review and sign specific informed consent documents
• Acknowledge understanding of the procedure’s risks and benefits
• Provide accurate medical history information
• Disclose all medications and supplements

 

5. PAYMENT AND FINANCIAL RESPONSIBILITY

 

5.1 Fees and Payment

All fees must be paid according to our payment schedule. Scheduling a surgical procedure requires the coordination of many different resources. This takes time to handle properly so that the patient will enjoy a quality experience. You acknowledge and agree that New Face MD Surgery Centers, LLC (“New Face MD Surgery Centers”) will incur certain costs and expenses in order to schedule and prepare for your procedure(s).

 

As such, you are required to pay to New Face MD Surgery Centers a one-time NONREFUNDABLE deposit of your surgery price (the “Deposit”) concurrently with the execution of this Agreement. You agree and acknowledge that the Deposit SHALL IN NO EVENT BE REFUNDABLE, NO MATTER THE CIRCUMSTANCES. You agree not to violate this agreement by seeking a chargeback of this nonrefundable deposit. Moreover, for purposes of clarity, failure to obtain medical clearance for any reason whatsoever, including reasons beyond your knowledge or control, shall not entitle you to a refund. You agree and acknowledge that your payment of the Deposit is valid for one (1) year. Thereafter, you will be charged an additional amount to proceed with this, or any other, procedure(s) with New Face MD Surgery Centers. Financing options may be available through third-party providers

 

5.2 Cancellation Policy

In the event New Face MD Surgery Centers cancels for your failure to obtain medical clearance, proper BMI and/or hemoglobin levels, or failure to remit all amounts due and owning, or if you cancel the surgical procedure(s) for any reason whatsoever, then you agree and understand that the following applies:

 

1. 30 days’ notice. In order to cancel or reschedule your procedure you must provide a formal cancellation notice thirty (30) days prior to your surgery. You will only be able to reschedule your procedure a month prior to your surgery date at no cost; and only one (1) request per Patient. If your procedure(s) are cancelled, for any reason whatsoever, and such cancellation occurs thirty (30) or more days before the scheduled procedure(s) (or at any time if no procedure has been scheduled), then you shall be entitled to the Amount Due less the Deposit. If the Amount Due was not paid in full, then the refund shall consist of the amount then-paid to New Face MD Surgery Centers, less the Deposit. Any refund may take up to forty-five (45) days to process.
2. 15-29 days’ notice. if your procedure(s) are cancelled, for any reason whatsoever, and such cancellation occurs less than thirty (30) days but no fewer than fifteen (15) days before the scheduled procedure(s), then you shall be entitled to a refund of fifty percent (50%) of the Amount Due less the Deposit. Moreover, if you completed the preoperative visit prior to cancellation, then an additional $500.00 will be deducted as a cancellation fee (the “Post-Op Cancellation Fee”). If the Amount Due was not paid in full, then the refund will consist of the amount then-paid to New Face MD Surgery Centers, less the Deposit, and less the Post-Op Cancellation Fee, if applicable. In addition, you understand and agree that your refund may also be reduced by any costs incurred from third-party providers in connection with your procedure(s), such as, but not limited to, the costs of implants. Any refund may take up to forty-five (45) days to process.
3. 0-14 days’ notice; notice after original surgery date. If your procedure(s) are cancelled, for any reason whatsoever, and such cancellation occurs less than fifteen (15) days before the scheduled procedure(s), or if such cancellation occurs after your originally scheduled surgery date, then you agree and acknowledge that you WILL NOT BE ENTITLED TO ANY REFUND WHATSOEVER. If your procedure(s) are cancelled, for any reason whatsoever, and such cancellation occurs less than fifteen (15) days before the scheduled procedure(s), but before or on the date of your originally scheduled surgery date, then you will receive a credit, valid for one (1) year from the date of the cancellation, in the amount which you have paid to New Face MD Surgery Centers. Thereafter, this credit will expire, and you will be charged an additional amount to proceed with this, or any other, procedure(s) with New Face MD Surgery Centers.
4. Illicit Substance Cancellation Fee

A $1,500.00 Operating Room Fee will apply in the event that your surgery is cancelled on the date of the surgery prior to entering the Operating Room as a result of drug use, alcohol use, nicotine use or the use of any other illicit substances. YOU WILL NOT BE ENTITLED TO ANY REFUND WHATSOEVER. The Surgical Coordinator will reschedule your procedure as soon as the following week at your discretion, once your balance has been paid in full.

1. False or Misleading or High BMI Cancellation Fee.

A $1,500.00 Operating Room Fee will apply in the event that your surgery is cancelled on the date of the surgery prior to entering the Operating Room as a result of (i) providing false or misleading information regarding your BMI (Weight and Height) or your health to your doctor, or (ii) a High BMI not disclosed to your surgeon and staff during your preoperative evaluation. An accurate BMI must be disclosed to your doctor and must be disclosed to your surgeon and staff during your pre-operative evaluation. YOU WILL NOT BE ENTITLED TO ANY REFUND WHATSOEVER. The Surgical Coordinator will reschedule your procedure as soon as the following week at your discretion, once your balance has been paid in full.

 

You MUST call our practice immediately prior to your surgery if you contract a cold, experience any flu-like symptoms, or have any cuts/scrapes/sores that have not healed. These symptoms due to medical reasons may require the surgeons and anesthesiologists to reschedule your surgery.

 

6. PRIVACY AND CONFIDENTIALITY

 

We maintain strict patient confidentiality in accordance with HIPAA regulations and Florida state law. Our separate Privacy Policy details how we collect, use, and protect your medical information.

 

7. LIMITATION OF LIABILITY

 

Risks Involved. You will be specifically informed of any and all medical risks by the surgeon who will be performing the procedure you have chosen to undergo. After explaining these risks to you, you agree that the decision to undergo the procedure will be solely made by you and not by anyone else on your behalf.

 

DISCLOSURE OF MEDICAL INFORMATION. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU HAVE NOT WITHHELD ANY MEDICAL INFORMATION THAT COULD MAKE YOU INELIGIBLE FOR THE PROCEDURE THAT YOU HAVE ELECTED TO UNDERGO. ANY LIABILITY ARISING OUT OF OR RELATING TO SUCH UNDISCLOSED OR SUPPRESSED MEDICAL INFORMATION WILL BE BORNE SOLELY BY YOU AND NOT BY NEW FACE MD SURGERY CENTERS OR ANY OF ITS REPRESENTATIVES.

Free Consent. As the patient, you expressly acknowledge that cosmetic surgery is an entirely elective procedure that you are choosing to undergo while exercising your own independent and free judgment. You further acknowledge that none of the representatives of New Face MD Surgery Centers have induced or caused you to make this decision.

 

EMERGENCIES. GIVEN THAT YOU ARE UNDERGOING A MEDICAL PROCEDURE AND WILL BE ADMINISTERED ANESTHESIA, THERE IS A POSSIBILITY OF A MEDICAL EMERGENCY OCCURRING WHILE THE PROCEDURE IS BEING CONDUCTED. UPON THE OCCURRENCE OF SUCH AN EMERGENCY, YOU AGREE TO BE TRANSPORTED TO THE NEAREST HOSPITAL AND UNDERGO ALL NECESSARY PROCEDURES THAT A PHYSICIAN MAY RECOMMEND.

 

8. DISPUTE RESOLUTION AND ARBITRATION

 

As a condition of entering into an agreement with New Face MD Surgery Centers, LLC (the “Company”) concerning services, you the signer and/or Patient and/or Payor (“You” or “Your”) hereby enter this Agreement to Arbitrate (this “Agreement”) and hereby agree to the each of the following terms which modify and supersede the Invoice Of Surgical Fees And Contract to the extent it is inconsistent:

 

Article 1: Agreement to Arbitrate.

(a)             You hereby agree that except as provided in 1(b) below any and all disputes arising out of or related to the relationship between You and Company, including but not limited to medical malpractice disputes, will be resolved through final and binding arbitration as provided by the Florida Arbitration Code, Chapter 682, Florida Statutes. You agree that any disputes regarding the scope and validity of this Agreement, and any disputes regarding the arbitrability of any dispute, will also be resolved in arbitration.

 

(b)             Notwithstanding the foregoing, no any action to collect a fee from You, shall be subject to this Agreement.

 

(c)             In the event that any party to this Agreement refuses to go forward with arbitration, the party compelling arbitration reserves the right to proceed with arbitration, the appointment of an arbitrator, and hearings to resolve the dispute, despite the refusal to participate or absence of the opposing party. Submission of any dispute under this Agreement to arbitrate may only be avoided by a valid court order. Any party to the Agreement who refuses to go forward with arbitration hereby acknowledges that the arbitrator may go forward with arbitration, which may include a hearing, and render a binding decision without the participation of that party despite that party’s absence.

 

Article 2:  All Claims Must Be Arbitrated. It is the intention of the parties that this Agreement binds You and any spouse, children, or heirs. The filing of any action in any court by Company or any agent, assign, or affiliate thereof, to collect any fee from You shall not waive the right to compel arbitration of any other claim subject to arbitration hereunder. Moreover, no amendment or waiver of this agreement or any provision hereof shall be effective unless in a writing signed by both of the parties.

 

Article 3:  Procedures and Applicable Law.

(a)             A demand for arbitration must be communicated in writing to all parties and must be made within the applicable statute of limitations under Florida law. Each party shall select an arbitrator (party arbitrator) within thirty (30) days and a third arbitrator (neutral arbitrator) shall be selected by the arbitrators appointed by the parties within thirty (30) days of a demand for a neutral arbitrator by either party. You agree that time is of the essence regarding Your selection of Your party arbitrator, and that Your failure to timely select Your party arbitrator results in the waiver of Your right to Your party arbitrator and the waiver of Your right to a panel of three arbitrators. Each party to the arbitration shall pay their arbitrator’s fees and costs, and shall also pay such party’s pro rata share of the fees and costs of the neutral arbitrator, together with other costs of the arbitration incurred or approved by the neutral arbitrator, not including counsel fees or witness fees, or other expenses incurred by a party for such party’s own benefit. Arbitration shall take place within one hundred and eighty (180) days after the completion of discovery as provided in Rules 1.280-1.390 of the Florida Rules of Civil Procedure and the decision of the arbitration panel shall be binding upon all parties for all purposes. The time for responding to discovery requests shall be thirty (30) days. All discovery shall be completed within one hundred eighty (180) days after the appointment of the panel of arbitrators, unless the time for discovery is extended for good cause by the panel. The arbitration panel shall decide any disputes regarding discovery.

 

(b)             You consent to the intervention and joinder of Company’s agents, employees, independent contractors, and officers, and directors, in arbitration, only if they so choose to intervene or join. The parties agree that the arbitrators have the immunity of a judicial officer from civil liability when acting in the capacity of arbitrator under this Agreement. This immunity shall supplement, not supplant, any other applicable statutory or common law provisions. Either party shall have the absolute right to arbitrate separately the issues of liability and damages upon written request to the neutral arbitrator.

 

Article 4:  General Provisions. All claims based upon the same incident, transaction or related circumstances shall be arbitrated in one proceeding. A claim shall be waived and forever barred if (1) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable Florida statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence. With respect to any matter not herein expressly provided for, the arbitrators shall be governed by the Florida Rules of Civil Procedure provisions relating to arbitration.

 

Article 5: Fees and Costs and Damages. In any proceeding that arises under this Agreement or under the Invoice Of Surgical Fees And Contract, each party (a) shall bear their own attorneys’ fees and costs; and (b) agrees to waive consequential, special, and punitive damages.

 

Article 6:  Retroactive Effect.  You agree that any controversy, unless expressly excluded in this Agreement, arising out of or relating to any prior contractual or other relationship with Company, or services performed or to have been performed by Company, shall be submitted to binding arbitration.

 

Article 7: Class Action Waiver. You agree and understand that by entering into this Agreement You waive Your right to participate in a class action, private Attorney General Action or other representative action against the Company in a court or in arbitration. You further agree that You may bring disputes against the Company only in Your individual capacity and not as a plaintiff of class member in any purported class or representative proceeding. Further, different plaintiffs may not have their claims joined or consolidated. In no event shall the arbitrator have authority to preside over any form of representative or class proceeding or to issue any relief that applies to any person or entity other than Company and/or You individually.

 

If any provision of this Arbitration Agreement is held invalid or unenforceable, such finding shall not affect any other matter, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under the law, and additionally the remaining provisions shall remain in full force and effect and shall not be affected by the invalidity of any other provision.

 

YOU AND COMPANY HEREBY GIVE UP THEIR CONSTITUTIONAL RIGHT TO HAVE ANY DISPUTE UNDER THIS AGREEMENT DECIDED IN A COURT OF LAW BEFORE A JURY, AND INSTEAD ARE ACCEPTING THE USE OF BINDING ARBITRATION.

 

I have read and understand the above Agreement.  I understand that I have the right to have my questions about arbitration of this Agreement answered and I do not have any unanswered questions. I execute this Agreement of my own free will and not under any duress.

 

 

9. MODIFICATIONS TO TERMS

 

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website (WWW.NEWFACEMD.COM) and/or providing EMAIL notice to patients.

 

10. CONTACT INFORMATION

 

For questions about these Terms, please contact:

 

NEW FACE MD SURGERY CENTERS

info@newfacemd.com

305-848-0008

14432 Biscayne Blvd, Miami, FL 33181

 

11. ACKNOWLEDGMENT

 

By receiving services from New Face MD Surgery Centers, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

 

 

12. CONTACT US

If you have any questions about these Terms or our Site, please contact us at:

 

NEW FACE MD SURGERY CENTERS LLC

14432 Biscayne Blvd.

North Miami Beach, FL 33181

Phone: 305-848-0008

Email: info@newfacemd.com