Hair Transplant Web
Terms of Service
Terms of Use
Hair Transplant Web’s services are provided by ASFRD Inc., and our subsidiaries and corporate affiliates (collectively, “our,” “us,” or “we”), operate a website and provide services through the website www.hairtransplantweb.com and related mobile applications, as well as any publicly available versions that may be offered through a distribution partner (collectively the “Site” or “Hair Transplant Web” or “HTW”). Before registering for HTW, we ask that you (the “User” or “you”) carefully read this agreement. If you do not agree to the Terms without limitation or qualification, you are not permitted to use HTW and must immediately discontinue such access.
By accessing, using, or browsing HTW you acknowledge and confirm that (1) you have read and understand all of the terms and conditions herein; (2) you agree to be bound by all of the terms and conditions of this user agreement and acknowledge that this agreement is the legal equivalent of a signed, written contract between HTW and you; (3) you have full authority to bind yourself or your entity to all the terms and conditions of this agreement.
By joining HTW, you recognize our sites and services are intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized.
You may not authorize others to use your membership and you may not assign or transfer your membership to any other individual or entity.
Content of Site
HTW is designed to be an empowering resource for those suffering from hair loss. On the Site, users can research and locate hair transplant professionals (“Doctors”), learn about available procedures, and interact with Doctors who specialize in and others who suffer from hair loss.
Though HTW provides a platform for discussion about hair transplants, you alone are responsible for all the content that you publish or post on HTW. We are not responsible for monitoring communications on the website and expressly disclaim all liability that may result from information made available by Users or Doctors and the conduct of Users or Doctors online or offline. Once you publish content on the website, it cannot always be withdrawn. You assume all risks associated with the content you submit or transmit to, through, or in connection with HTW, such as ratings, reviews, compliments, messages, and information that you publicly display or displayed, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own or have the necessary permissions to use and authorize the use of the content you submitted as described herein. You may not imply that anything you post is in any way sponsored or endorsed by HTW.
By joining the Site you agree not to and understand that you will not post any statements that, among other things (1) are false, factually inaccurate, or misleading; (2) are defamatory, libelous, deceptive, or fraudulent; (3) are indecent, vulgar, patently offensive, harassing, or intimidating; (4) violate any U.S. or foreign law or regulation, including without limitation any law or regulation governing advertising or testimonials; (5) discriminate against, ridicule, harass or disparage an individual or group for any reason, or on the basis of race, religion, national origin, gender, sexual orientation, marital status, age, disability or any other protected status; (6) violate any person’s rights of publicity or privacy; (7) infringe or violate any person’s copyright, trademark, or other intellectual property right; (8) are obscene or derogatory; and/or (9) promote violence, self-harm, firearms, ammunition, or weapons designed to inflict serious bodily harm.
Opinions, advice, statements, or other content made by you are yours and should not necessarily be relied upon. HTW does not guarantee and is not responsible for the accuracy, completeness, or usefulness of any of the information posted by you. Under no circumstances will HTW be responsible for any loss or damage resulting from your reliance on content posted on the site.
We do not sponsor, endorse, recommend, or approve any Doctor on our site, nor do we make any representations or warranties about any Doctor’s expertise or services. HTW cannot and does not represent that any Doctor is licensed, qualified, insured, or capable of performing any hair transplant procedure, and we make no representations or warranties about their skill or qualifications as a Doctor.
HTW has no responsibility or obligation to screen, edit, or monitor content, but we reserve the right and have absolute discretion to remove, screen, or edit User content posted or stored on the Site for any reason. You are solely responsible for creating backup copies of and replacing content you post or store on the Site.
Feedback
We welcome your questions, comments, ideas, and general feedback about the Site! Submitted feedback is not confidential and shall become sole property of HTW, which shall own exclusive rights including, without limitation, all intellectual property rights in and to your feedback and shall be entitled to the unrestricted use and dissemination of your feedback for any purpose, commercial or otherwise, without credit or compensation to you.
If you believe that any content on the site violates any of the terms of this agreement, please contact us. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any and all steps available to us once we receive any such message.
Doctor Reviews
You may only post a review of a Doctor if you have first-hand knowledge of the Doctor’s services. You may not, under any circumstances, post Reviews about Doctors if you are affiliated with or employed by the Doctor, a competitor or affiliated with or employed by a competitor, or related to the Doctor in any way. By posting a review you acknowledge that it is accurate, truthful, and complete.
Third Party Content
HTW may host content, including advertisements and promotions, from third parties or may otherwise provide information about or links to third-party products or services (collectively, “Third Party Content”). The Site does not control, endorse, or adopt any Third Party Content and we make no representation or warranties of any kind about it including, without limitation, its accuracy or completeness. You acknowledge and agree that your business dealings, correspondence with, or other interactions with third parties providing Third Party Content, and any terms, conditions, warranties, or representations associated with such dealings and interactions are solely between you and the third parties. We are not responsible or liable for your interactions with the third parties, nor for any damage of any sort incurred as the result of your dealings or as the result of the presence of Third Party Content on the Site.
Exclusive Rights to Content
By posting reviews, information, or content to HTW, you automatically assign and grant us an irrevocable, perpetual, fully-paid, worldwide exclusive, and non-transferable license to use, copy, perform, display, and distribute such reviews and content, and to prepare derivative works of, or incorporate into other works, such information and content.
You represent and warrant that the reviews and information you submit are original works by you, that you own or control one hundred (100%) percent of the rights in and to your reviews and information and the rights granted to HTW and you do not require the consent of any third party, and that there is no contract with any third party that could in any way interfere with HTW’s rights under this agreement.
You hereby expressly waive, to the fullest extent permitted by law, any so-called ‘moral rights’ which may now or may hereafter be recognized by legislative enactment or otherwise at law or in equity with respect to the Content.
Indemnity
You agree to defend, indemnify, and hold harmless HTW, its officers, directors, employees, agents, representatives, and third parties, from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees and costs, arising out of or in any way connected to your breach of these Terms of Service, your use of the Site, your violation of any law or the rights of a third party, or any review made through your user account on the Site or that you otherwise make available through the Site.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HTW SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT HTW HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
UNDER NO CIRCUMSTANCES SHALL HTW OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HTW EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID HTW, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER HTW HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
We will attempt to ensure the accuracy and reliability of all information contained on the Site, however, HTW disclaims all representations and warranties concerning the accuracy, completeness and/or reliability of the reviews and information or any data or metadata appurtenant thereof. You assume all risk and responsibility relying on such information. HTW also disclaims any responsibility for the accuracy, completeness, and/or reliability of any search feature provided by this Site and/or any search results
Subpoena Policy
We believe in the freedom of expression, and, to the extent reasonable, we try to protect our community from baseless legal demands. Except as otherwise provided, HTW will keep confidential all information supplied by you, and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.
Notwithstanding the foregoing, from time to time, HTW may receive subpoenas seeking the identity of a member. In the event HTW does not object to the disclosure, it may forward a copy of the subpoena to you at the email address you provided in your account registration so that you may take action on your own behalf. Should you fail to respond to our e-mail and/or you otherwise fail to timely object to the subpoena or make other arrangements with the requesting party, HTW may, without notice, comply with the subpoena which may disclose your identity without incurring any liability to you.
In its sole discretion, HTW may also disclose your identity to any federal, state, or local law enforcement agency (including federal and state attorneys general) for the limited purpose of allowing such agencies to investigate unlawful acts.
You further agree to release and hold HTW harmless from any claims that HTW disclosed your identity pursuant to these Terms of Service.
Copyright Policy
HTW supports the protection of intellectual property and it is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”), the text of which can be found at the U.S. Copyright Office website, https://www.copyright.gov.
We will terminate the privileges of any member who unlawfully posts copyrighted material without a license, express consent, valid defense, or fair use exemption to do so.
If you believe that your copyright has been infringed through the use of HTW, please submit a notice that complies with 17 U.S. C. § 512(c)(3) to our registered DMCA agent as follows:
Alan Feller
287 Northern Blvd., Suite 200
Great Neck, NY 11021
info@hairtransplantweb.com
The above-listed contact information is for intellectual property infringement purposes only. Do not contact the Site’s copyright agent for any other inquiries or questions.
Please submit the following to report content on HTW that you believe violates or infringes your copyright.
We also ask that you courtesy copy us using the e-mail address info@hairtransplantweb.com, however, the registered DMCA agent above must receive the notification in order for the notice to be valid.
At a minimum, the request must include:
Your name, address, telephone number, and email address (if any).
A description of the copyrighted work that you claim has been infringed.
A description of where on the Site the material that you claim is infringing may be found, sufficient for HTW to locate the material (e.g., the URL).
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your electronic or physical signature.
How to file a Counter-Notice
The provider of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act.
To file a counter notification with us, you must provide a written communication (by either responding to the DMCA takedown notice email we sent you or through regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others or that the material or activity was removed or disabled by mistake or misidentification. Accordingly, if you are not sure whether certain material infringes the copyrights of others or that the material or activity was removed or disabled by mistake or misidentification, we suggest that you first contact a lawyer.
To expedite our ability to process your request, please use the following format:
Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
Provide your name, address, and telephone number;
Include the following statements:
“I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
“I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
“I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”;
Sign the document with your physical or electronic signature; and
Send a copy to the following email: Info@hairtransplantweb.com
Should you knowingly make a material misrepresentation in your notification, you will be liable for any damages resulting from our relying on your material misrepresentation, including, without limitation, attorneys’ fees incurred as a result.
User Conduct
You are solely responsible for your conduct while accessing and using the Site. By accessing our site you agree that you will not violate any law, contract, intellectual property or other third party right, or commit a tort. You further agree that you will not use the Site to engage in harassing conduct; use or attempt to access another User’s account without authorization; use or attempt to use robots or spiders or any other automated means to access the Site, extract data, or otherwise interfere with or modify the Site; act in a manner that inhibits other users from fully enjoying HTW’s services; interfere or attempt to interfere with the functioning of the Site; or develop third party applications that interact with User content.
Third Party Beneficiary Rights
Nothing in the Terms of Service is intended to or shall be construed to give any person, other than the parties hereto, their successors and permitted assigns, any legal or equitable right, remedy, or claim under or in respect to these terms of Service or any provision contained herein.
Choice of Law; Disputes
These Terms of Service will be governed and construed in accordance with the laws of the State of New York without regard to its conflicts of law provisions. These Terms of Service shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. You agree to submit to the jurisdiction of the state and federal courts located in New York County in the State of New York. You agree not to bring any of action relating to the use of the Site or the interpretation of these Terms of Service in any court in any jurisdiction other than the state and federal courts located in New York County, State of New York. HTW shall have the right to commence and prosecute any legal or equitable action or proceeding before any US or non-US court of competent jurisdiction to enforce these Terms of Use. In any dispute between You and HTW where HTW prevails, HTW shall be entitled to recover its reasonable attorney fees, court costs, disbursements, and other legal expenses.
Representation and Warranty
You represent and warrant that (i) your use of our Services will be in strict accordance with the this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
Severability
In the event that any provision of the Terms of Service should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality or invalidity shall not affect the validity of any other provision hereof, each of which shall continue in full force and effect; any provision which is held to be illegal or invalid in any country, state or other jurisdiction shall, nevertheless, remain in full force and effect in any country, state or jurisdiction in which such provision is legal and valid.
No Waiver
The failure of HTW at any time to require performance by You of any provision of these Terms of Service and any waiver by either HTW of any provision of this Terms of Service or any right or option hereunder shall not be deemed a continuing waiver and shall not prevent or estop HTW from thereafter enforcing such provision, right or option, and the failure of HTW to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Terms of Service by You shall not be construed a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect.
Section 230 of the Communications Decency Act of 1996, 47 U.S.C.§ 230 (The “CDA”)
The CDA is a statute that Section 230 of the CDA is landmark legislation involving the regulation of content on the Internet. The statute does not allow you to sue providers of interactive computer services for any liability arising from content created by third parties; it provides that “[n]o provider . . . of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” 47 U.S.C. § 230(c). It further provides that “[n]o cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.” Id.§ 230(e)(3).
This site is a provider of “interactive computer services” under the CDA, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. HTW is not responsible for content or any other information posted to this site by third parties. HTW does not warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
No Warranty
HTW provides our service “as is” and free of any warranties. HTW and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. HTW cannot warrant that there will not be any errors or that access to our site will be continuous or uninterrupted.
Release
You release HTW, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, 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.
Changes
HTW reserves the right to change these Terms of Service at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Service to HTW’ properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You waive any right you may have to receive specific notice of such changes to these Terms of Service. You are responsible for regularly reviewing these Terms of Service.
Intellectual Property
This Site is owned and operated by HTW, and all of our content and information, including photographic images, graphic images, text, captions, video, audio-visual files, digital files, software Site’s designs, trade dress, logos, pages, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, html code, xml code and products or services obtained from this Site are the intellectual property of HTW and may not be used without our prior written permission. HTW does not transfer from us to you or third party intellectual property, and any rights, title and interest belong solely to us.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, statements and reviews posted on the Site. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. HTW disclaims any responsibility for any harm resulting from your use of the Site.
Termination
HTW may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We may do so for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Sharing Policy
HTW invites you to share our content on other websites under the following conditions:
You may not incorporate HTW content into your website (e.g., by in-lining, framing or creating other browser or border environments around HTW content).
You may not present a link to HTW in a manner that suggests HTW has any relationship or affiliation with your site or endorses your site, products, or services.
Your site must not present false information about HTW or its products or services.
You may not use any of HTW’s, logos, designs, slogans, trademarks or service marks or any other words or codes identifying any HTW in any “metatag” or other information used by search engines or other information location tools to identify and select sites, without HTW’s express, prior written permission for a particular use.
Your site must not contain content that could be construed as distasteful, offensive or controversial.
HTW prohibits unauthorized links to its Web sites and the framing of any information contained on its sites, or any portion of its sites, without the express, prior written approval. Furthermore, you may not archive, cache, or mirror any HTW page or portions of a webpage. HTW reserves the right to disable any unauthorized links or frames. HTW hereby disclaims all liability for any material on other websites that may contain links to this Site.
If you would like to use, reprint, frame, or redistribute any content on any HTW site other than as permitted herein, you must request permission from HTW by writing to info@hairtransplantweb.com . Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the URL(s) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or webpage(s) which you would like to use.
Privacy Policy
We are committed to respecting and protecting your privacy and personal information.
We may collect the following data you provide to us, including:
Account Information: the information you provide when setting up your HTW account, including full name, e-mail address, and username
Profile Information: all content that you create, share, or post
Communications: your communications, feedback, suggestions, ideas sent to us, and information you provide us when you contact or engage us for support regarding the services
Transaction Details: billing information, including payment information required to process transactions
We may also automatically collect certain information, such as:
Log information: your Internet protocol (IP) address and other browser or device identifiers, browser type, operating system, crash data, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, and information about your activities.
We may use this information and disclose this information to third-party services, such as to third-party apps, websites, or other services that you can connect to through the Services; in connection with a substantial corporate transaction, such as the sale of our Site, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy or insolvency or as otherwise directed or authorized by you.
We may also disclose information that has been aggregated or that otherwise does not personally identify you to third parties and affiliates who may use it for analytics, trends and analysis to improve and provide our products and services and the products and services provided by the Site.
Usage Information: This includes information about the actions you perform on the site and how you access it.
Location Information: We may determine the approximate location of your device from your IP address; this may be collected and used for, among other things, determining how many people use our app regionally and providing you with doctors in your area.
Stored Information: With your permission, we may access information stored on your mobile device via our mobile app; this includes, but is not limited to, accessing photographs on your camera roll when you upload a photograph using our app.
Information from Cookies: We may use cookies, pixel tags, local storage objects, and similar technologies to identify and track visitors, usage, and access preferences for our services and deliver targeted ads.
HTW does not sell our Users’ private personal information.
Though no online service can guarantee the security of your information, we work very hard to protect your information against unauthorized access, use, alteration, or destruction.
Copyright
This site may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in an effort to advance understanding of hair transplantation, general healthcare, surgical techniques, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
Physician participation
Comments by physicians on this website do not constitute medical advice nor do they create a doctor-patient relationship. All physician contributions are for educational purposes or general interest and are not to be relied upon as applying to any particular person for any particular reason.
Comments and submissions by physicians on this website do not constitute legal advice nor testimony for legal purposes.
