Terms of Service

Welcome to www.RealSurgery.com.™ This website (“Site”) is comprised of various Web pages owned and operated by Real Surgery, Inc. or its affiliates (“Real Surgery”) for your personal information and use. Your submission of information to and access and use of this Site is subject to the terms and conditions of the terms of service set forth below (“Terms of Service”). By submitting information to and/or accessing and browsing this Site, you accept and agree to abide by, without limitation or qualification, the Terms of Service. If you do not agree to be bound by the Terms of Service, you may not use this Site.

IMPORTANT – YOU MUST READ THIS CAREFULLY BEFORE USING THIS SITE. BY ENTERING THIS SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE. THIS SITE IS OWNED, CONTROLLED AND OPERATED BY REAL SURGERY, INC., 1330 ORANGE AVENUE, SUITE 332, CORONADO, CALIFORNIA 92118. REAL SURGERY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY, ALTER OR OTHERWISE UPDATE THE TERMS OF SERVICE AT ANY TIME AND, BY ENTERING THIS SITE, YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES AS WELL.

In order to use the Site, you must be at least 13 years of age. You hereby represent that you are at least 13 years old. If you are not at least 13 years old, please do not attempt to use the Site.

1. No Health Information. THE CONTENT CONTAINED IN THIS SITE, WHETHER PROVIDED BY US OR ANY THIRD PARTY, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. THE CONTENT DOES NOT CONSTITUTE MEDICAL OR HEALTH ADVICE. SHOULD YOU HAVE ANY HEALTHCARE-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION IN THIS SITE, AND YOU SHOULD NOT USE OR RELY ON THE CONTENT FOR DIAGNOSING OR TREATING A MEDICAL PROBLEM. THE TRANSMISSION AND RECEIPT OF CONTENT, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND REAL SURGERY.

2. Copyrights. All of the material on this Site, whether graphical, textual, audio, video, computer code, or software, or a combination thereof, is protected by copyrights which are owned and controlled by Real Surgery, by third parties who have licensed their material to Real Surgery, or by advertisers on www.RealSurgery.com, and may not be copied, modified, reproduced, republished, posted, transmitted or distributed in any way without express written permission from Real Surgery. All contents of the Site are copyrighted under: Copyright © 2011 Real Surgery, Inc. All Rights Reserved.

3. Trademarks. www.RealSurgery.com™, Real Surgery™, and Taking You Beyond a Second Opinion and the names of other Real Surgery products and services referenced herein are trademarks of Real Surgery.

4. License and Site Access. Real Surgery grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Real Surgery. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant or service provider; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this Site, nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any purpose without the express written consent of Real Surgery. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Real Surgery and its affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Real Surgery’s name or trademarks without the express written consent of Real Surgery. Any unauthorized use terminates the permission or license granted by Real Surgery. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Real Surgery so long as the link does not portray Real Surgery, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Real Surgery logo or other proprietary graphic or trademark as part of the link without express written permission. You must be at least 13 years old to use this Site.

5. Registered Users.

a. Eligibility. Except as expressly provided below, certain services may only be used by, and registered user status is limited to, individuals who can form legally binding contracts under applicable law (“Registered Users”). References in this Agreement to “users” include Registered Users, but Registered Users does not include unregistered users.

b. User Registration and Payment of Fees. To become a Registered User, you must create an account with Real Surgery through the online registration process on the Site. In creating an account, you must provide Real Surgery with accurate and complete registration information, as prompted in the registration form. You must promptly notify Real Surgery if any of this information changes. If you fail to provide or update this information, Real Surgery may terminate your right to use the Site. To become a Registered User, you must also pay all applicable fees, as described on the Site. Any fees paid hereunder are non-refundable, except as set forth under the caption “Satisfaction Guarantee.” Real Surgery reserves the right to change its price list and to institute new fees at any time.

c. Passwords. When you open your account, you will be asked to choose a password. You must keep your password confidential. You will be responsible for all uses of your password and account, including, without limitation, any use by any unauthorized third parties. You must notify Real Surgery immediately if you believe your password or account has been obtained, or may be accessed or used by, any unauthorized person or entity.

d. Satisfaction Guarantee. If you have registered as a Registered User (and paid the applicable registration fee), are not satisfied with the Site for any reason, and notify Real Surgery in writing by sending an email to support@realsurgery.com within three days of your registration, Real Surgery will refund you 100% of the registration fee you paid less a $5 administrative fee.

e. Use of Information by Registered Users. Copying or storing of any content or information from the Site is expressly prohibited without prior written permission from Real Surgery.

6. Submission of Information. If you use this Site, you are responsible for maintaining the confidentiality of any account or password you may have, which you access through this Site, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Real Surgery reserves the right to refuse service, terminate accounts, remove or edit content. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Real Surgery, and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.

7. Use of Information. This Site contains information which may be derived in whole or in part from materials and information supplied by other sources, including statements and opinions of a variety of medical professionals and patients interviewed by Real Surgery, which do not reflect the opinion of Real Surgery and are not endorsed by Real Surgery. Real Surgery makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness, bias or quality of any information contained in this Site, which is subject to deletion, addition and change at any time without notice from Real Surgery. Real Surgery does not ensure the accuracy, endorse or recommend any information and your use of any such information is at your own risk, and you hereby waive your right to hold Real Surgery legally responsible for any such information. The information contained on this Site cannot be considered complete or unbiased and Real Surgery undertakes no commitment to update the information contained on this Site within a particular period of time. It is the responsibility of each user of any portion of the Site to ascertain the accuracy of any information before entering into any commitment (financial or otherwise) or undertaking any course of action based upon the information contained in this Site.

8. Mature Content. The Site may contain language, images or a discussion of mature topics related to certain medical procedures. If you are uncomfortable with such language, images or topics, or find them offensive, you should not use the Site.

9. Disclaimer of Warranties. REAL SURGERY MAKES NO REPRESENTATION, WARRANTIES, OR ASSURANCES AS TO THE ACCURACY, CURRENCY, AVAILABILITY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THIS SITE. ALL OF THE INFORMATION, SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO INFORMATION, ADVICE, OR GUIDANCE, WHETHER ORAL OR WRITTEN, RECEIVED BY YOU FROM REAL SURGERY OR THIS SITE SHALL CREATE ANY WARRANTY. REAL SURGERY MAKES NO WARRANTY THAT: (A) THIS SITE WILL MEET YOUR REQUIREMENTS; (B) THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR ANY CONTENT OFFERED THROUGH THIS SITE WILL BE ACCURATE, UNBIASED OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS.

10. Limitation of Liability. IN NO EVENT SHALL REAL SURGERY BE LIABLE TO ANY PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, PERSONS OR ENTITIES WHO MAY SUBMIT INFORMATION TO, USE OR RELY ON THIS SITE OR TO WHOM ANY INFORMATION ON THIS SITE MAY BE FURNISHED, FOR ANY LOSS OR DAMAGE OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHERWISE, ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF OR RELIANCE ON THIS SITE OR ANY INFORMATION OR OPINIONS CONTAINED HEREIN, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. FURTHER, REAL SURGERY SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE CONDUCT OR OMISSIONS OF THIRD PARTIES THAT HAVE POSTED INFORMATION ON THIS SITE OR FOR ANY INFORMATION POSTED ON THIS SITE BY SUCH PARTIES. YOU AGREE THAT REAL SURGERY’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM, OR RELATING TO, THIS SITE (INCLUDING, WITHOUT LIMITATION, ACCESS OR LACK OF ACCESS THERETO) IS LIMITED TO THE GREATER OF FIFTY US DOLLARS ($50) OR THE AMOUNT OF THE FEE YOU PAID IF YOU ARE A REGISTERED USER.

11. Third Party Sites. As a convenience to users, Real Surgery may provide links on the Site to websites maintained by others. Real Surgery has not reviewed such sites and is not responsible for the contents or availability of such sites or for products or services offered on such sites. Real Surgery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or claimed to have been caused by use of any such sites or the content, goods, services, or advertisements contained on or available via such sites. Links have been provided for your convenience and the inclusion of any link does not imply endorsement by Real Surgery of the site or any association with the site’s owners or operators.

12. Privacy Policy. Real Surgery’s use, and/or disclosure, of information or related data which Real Surgery may collect from, or about, you shall be governed by Real Surgery’s Privacy Policy, which is posted on the Site and incorporated herein by reference. Real Surgery reserves the right to amend or revise its Privacy Policy from time to time, in its sole discretion.

13. Indemnification. Each user of this Site agrees to indemnify, defend and hold Real Surgery harmless from and against any and all third party claims, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising out of or resulting from (a) such user’s breach of any provision of these Terms of Service, (b) such user’s negligence or willful misconduct, or (c) a claim that information submitted to this Site infringes the intellectual property or proprietary rights of a third party.

14. Force Majeure. Real Surgery will not be liable for failing to perform under the Terms of Service by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to Real Surgery to perform, fire, terrorism, natural disaster or war.

15. General. This Site is controlled and operated by Real Surgery from its offices within the State of California, United States of America. Real Surgery makes no representation that the materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent applicable. These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflicts of law, as they are applied to agreements entered into and to be performed entirely within the State of California. Any action you, any third party, or Real Surgery brings to enforce these Terms of Service or in connection with any matters relating to this Site shall be brought only in either the state or federal courts located in San Diego County, California, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement and understanding between you and Real Surgery and supersede any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein.

16. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of this Site or the information on this Site, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

17. Term and Termination. These Terms of Service are effective until terminated by either you or Real Surgery. You may terminate the Terms of Service at any time by discontinuing your use of this Site and destroying all materials obtained from it. The provisions contained under the headings “Copyrights,” “Trademarks,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification” and “General” shall survive any such termination.

18. DMCA Copyright Policy and Copyright Agent. Real Surgery respects the intellectual property rights of others and expects its users to do the same. Real Surgery may remove content that in its sole discretion appears to infringe the intellectual property rights of others. If you believe that the Site has infringed your intellectual property rights, please notify Real Surgery’s Copyright Agent, and provide the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right; (b) an identification of the intellectual property claimed to have been infringed; (c) a detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law; (f) a statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.

Real Surgery’s Copyright Agent is and can be reached at:

Real Surgery, Inc.
Attention: Kathleen Kneeland
1330 Orange Avenue, Suite 332
Coronado, California 92118
Phone: 877-346-0676
Email: support@realsurgery.com