DISCLAIMER
ABCS has compiled a list of cosmetic surgeons board-certified by the ABCS. Each cosmetic surgeon listed in the Directory is board-certified by the ABCS. As discussed below, ABCS makes no other representation or warranties regarding the individuals listed in the Directory, the information in the Directory or the information, advice, guidance, care or counsel provided by any cosmetic surgeon listed in the Directory.
ACCORDINGLY YOU UNDERSTAND AND AGREE AS A CONDITION OF ACCESSING AND USING THE DIRECTORY THAT:
- YOUR USE OF THE DIRECTORY AND THE INFORMATION CONTAINED THEREIN IS AT YOUR SOLE RISK. ABCS HAS CREATED THE DIRECTORY MERELY AS A FORUM IN WHICH THE GENERAL PUBLIC CAN ACCESS THE NAMES, ADDRESSES, TELEHONE NUMBERS, AND WEBSITE ADRESSES OF BOARD-CERTIFIED COSMETIC SURGEONS. THE INCLUSION OF AN INDIVIDUAL IN THE DIRECTORY DOES NOT CONSTITUTE AN ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE QUALIFICATIONS, EXPERTISE, CAPABILITIES, SKILLS, OR COMPETENCE OF THAT INDIVIDUAL. ALL OF THE INFORMATION CONTAINED IN THE DIRECTORY ABOUT A COSMETIC SURGEON WAS PROVIDED BY THAT INDIVIDUAL AND HAS NOT BEEN INDEPENDENTLY VERIFIED BY ABCS. YOU ARE SOLELY RESPONSIBLE FOR INVESTIGATING, ASSESSING AND DETERMINING THE QUALIFICATIONS, EXPERTISE, CAPABILITIES, SKILLS AND COMPETENCE OF ANY COSMETIC SURGEON AND DETERMINING WHETHER IT IS IN YOUR BEST INTEREST TO CONTACT AND ENTER INTO A PATIENT RELATIONSHIP WITH A COSMETIC SURGEON. ALSO, YOU AND THE COSMETIC SURGEON ARE SOLELY RESPONSIBLE FOR DETERMINING THE SCOPE, NATURE, AND DURATION OF ANY COSMETIC SURGEON - PATIENT RELATIONSHIP.
- AS DISCUSSED ABOVE, THE INCLUSION OF AN INDIVIDUAL IN THE DIRECTORY MERELY INDICATES THAT THE INDIVIDUAL HAS INDICATED A DESIRE TO BE LISTED IN THE DIRECOTRY. IT DOES NOT CONSTITUTE A REPRESENTATION, WARRANTY, OR GUARANTEE THAT A PARTICULAR INDIVIDUAL LISTED ON THE DIRECTORY WILL BE WILLING TO ENTER INTO A COSMETIC SURGEON - PATIENT RELATIONSHIP WITH YOU. ALSO, IT DOES NOT CONSTITUTE A REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE NATURE, SCOPE, OR DURATION OF THE COSMETIC SURGEON - PATIENT RELATIONSHIP THAT A COSMETIC SURGEON MAY BE WILLING TO ENTER INTO WITH YOU. WHETHER, TO WHAT EXTENT, AND THE CONDITIONS ON WHICH, IF ANY, A COSMETIC SURGEON IS WILLING TO ENTER INTO COSMETIC SURGEON -PATIENT RELATIONSHIP WITH YOU, IS EXCLUSIVELY BETWEEN YOU AND THE COSMETIC SURGEON.
- ABCS MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE ACCURACY OR QUALITY OF INFORMATION, ADVICE, GUIDANCE, SUGGESTIONS OR CARE THAT MAY BE PROVIDED BY A COSMETIC SURGEON TO YOU AND HEREBY DISCLAIMS ANY AND ALL LIABILITY RELATED TO THE SAME. ABCS IS NOT RESPONSIBLE OR LIABLE FOR ANY INFORMATION, ADVICE, GUIDANCE, SUGGESTIONS OR CARE PROVIDED TO YOU BY A COSMETIC SURGEON. IT IS SOLELY YOUR DECISION AND RESPONSIBILITY TO DETERMINE WHETHER, HOW AND TO WHAT EXTENT YOU USE OR RELY ON INFORMATION, ADVICE, GUIDANCE, SUGGESTIONS OR CARE PROVIDED BY A COSMETIC SURGEON. YOU ARE SOLELY RESPONSIBLE FOR THE CONSEQUENCES OF USING OR RELYING ON ANY INFORMATION, ADVICE, GUIDANCE, SUGGESTIONS OR CARE PROVIDED BY A COSMETIC SURGEON.
- ACCESS TO THE DIRECTORY IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW. ABCS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ABCS DOES NOT REPRESENT OR WARRANT THAT THE DIRECTORY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. ABCS DOES NOT REPRESENT OR WARRANT THAT THE DIRECTORY IS FREE FROM VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST DESTRUCTIVE PROPERTIES. ALTHOUGH ABCS HAS MADE AND WILL CONTINUE TO MAKE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION, INFORMATION PUBLISHED IN THE DIRECTORY MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. ABCS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, ACCURACY, CURRENCY, OR RELIABILITY OF OR THE RESULTS OF THE USE OF THE DIRECTORY OR ANY INFORMATION CONTAINED IN THE DIRECTORY.
- UNDER NO CIRCUMSTANCES, SHALL ABCS, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE DIRECTORY, YOUR USE OF OR RELIANCE ON ANY INFORMATION IN THE DIRECTORY, OR YOUR USE OF OR RELIANCE ON ANY INFORMATION PROVIDED TO YOU BY A COSMETIC SURGEON LISTED IN THE DIRECTORY. THIS IS A COMPREHENSIVE RELEASE OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, STATUTORY, CONTRACTUAL, OR DAMAGES OR LOSSES OF ANY OTHER KIND OR TYPE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASES AND EVEN IF ABCS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
- YOU HEREBY WAIVE ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION OF ANY KIND YOU MAY HAVE DIRECTLY OR INDIRECTLY AGAINST ABCS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO YOUR ACCESS TO, USE OF, OR RELIANCE ON THE DIRECTORY, INFORMATION CONTAINED ON OR IN THE DIRECTORY, OR INFORMATION, ADVICE, GUIDANCE OR SUGGESTIONS YOU RECEIVED FROM A COSMETIC SURGEON LISTED IN THE DIRECTORY.
- YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ABCS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LOSSES, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN DEFENDING SUCH CLAIMS DIRECTLY OR INDIRECTLY RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO YOUR ACCESS TO, USE OF, OR RELIANCE ON THE DIRECTORY, INFORMATION CONTAINED ON OR IN THE DIRECTORY, OR INFORMATION, ADVICE, GUIDANCE OR SUGGESTIONS YOU RECEIVED FROM A COSMETIC SURGEON LISTED IN THE DIRECTORY.
- THIS AGREEMENT WAS ENTERED INTO IN THE STATE OF ILLINOIS. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF ILLINOIS, EXCLUDING ITS CHOICE OF LAW RULES. ANY CLAIM OR DISPUTE RELATED TO, CONNECTED WITH OR ARISING OUT OF YOUR USE OF THE ABCS COSMETIC SURGEONING REGISTRY SHALL RESIDE IN THE COURTS OF THE STATE OF ILLINOIS AND IN PARTICULAR IN EITHER THE COOK COUNTY CIRCUIT COURT OR THE UNITED STATES DISTRICT COURT FOR NORTHERN ILLINOIS.
- YOU HAVE READ THIS DISCLAIMER AND UNDERSTAND ALL OF ITS TERMS AND CONDITIONS. AS A CONDITION OF ACCESSING AND USING THE DIRECTORY YOU MUST AGREE TO THE TERMS AND CONDITIONS OUTLINED ABOVE. IF YOU CLICK, "I ACCEPT AND AGREE" BELOW YOU ARE ENTERING INTO A LEGAL CONTRACT WHICH WILL BIND YOU TO THE TERMS AND CONDITIONS OUTLINED ABOVE. IF YOU CLICK "I DO NOT ACCEPT AND AGREE" YOU WILL NOT BE BOUND BY THE TERMS AND CONDITIONS OUTLINED ABOVE, HOWEVER YOU WILL NOT BE ALLOWED ACCESS TO THE DIRECTORY.
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