Terms Of Service 

1.1 Introduction 

Cosmetic Procedures Training, Inc, DBA RSMD Aesthetics Training (“RSMD”) provides its services (”Services”) to you through its website, RSMDaestheticstraining.com  (the “Site”) and through its events and related services (the “Services”). By availing yourself to the Services you become a “Participant”,  whereby you agree to the following Terms of Service (the “Terms of Service”).  

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE WITH RSMD . 

1.2 Modifications to Terms of Service 

RSMD reserves the right, at its sole discretion, to change or modify portions of these Terms of Service at any time, at which time you will receive an email notification to the email address you have used to enroll in or avail yourself of the Services.  Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.  

1.3 Privacy 

At RSMD, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.   

Participant healthcare providers may be given the opportunity to bring educational patient cases to share in online or in person educational group training sessions.  The Participant healthcare providers (“Provider Participant”) who bring such patient cases are fully responsible for compliance with the Health Insurance Portability and Accountability Act (HIPPA) and the Health Information Technology for Economic and Clinical Health Act (HITECH) and guarantee they have obtained appropriate consent to use patient’s protected health information (PHI), including images, chart notes, or any and all other PHI.  The instructor and RSMD are not responsible for verifying patient consent or obtaining consent for cases brought by participant providers.  Cases brought to training sessions are solely for educational purposes and do not constitute medical advice specific to any patient case. 

1. BAA Provisions 

1.4.1 Definitions. 

As used in this Agreement, the following terms have the following meanings: 

a. “Designated record set” has the same meaning as the term “designated record set” in 45 C.F.R. § 164.501, but limited to records maintained by RSMD. 

b. “Disclosure” has the same meaning as the term “disclosure” in 45 C.F.R. § 164.501. 

c. “Individual” has the same meaning as the term “individual” in 45 C.F.R. § 164.501, including any person who qualifies as a personal representative in accordance with 45 C.F.R. § 164.502(g). 

d. “PHI” has the same meaning as the term “protected health information” in 45 C.F.R. § 164.501, but limited to information created or received by RSMD, including PHOTOGRAPHIC or VIDEO IMAGES OF PATIENTS, from or on behalf of PROVIDER PARTICIPANT. 

e. “Records” has the same meaning as the term “records” in 45 C.F.R. § 164.501. 

f. Required by law” has the same meaning as the term “required by law” in 45 C.F.R. § 164.501. 

g. “Secretary” means the Secretary of the Department of Health and Human Services or its designee. 

h. “Use” has the same meaning as the term “use” in 45 C.F.R. § 164.501. 

1. RSMD Obligations.  

RSMD shall: 

a. Not use or disclose PHI except as permitted or required by this Agreement or as required by law; 

b. Use appropriate safeguards to prevent the use or disclosure of PHI, except as set forth in this Agreement; 

c. Report to PROVIDER PARTICIPANT any use or disclosure of PHI by RSMD that is not contemplated by this Agreement; 

d. Ensure that any agents, including subcontractors, to whom RSMD provides PHI received from, or created or received by RSMD on behalf of PROVIDER PARTICIPANT, agree to the same restrictions and conditions in the Agreement and this Agreement; 

e. In accordance with PROVIDER PARTICIPANT’s reasonable request, provide to PROVIDER PARTICIPANT or to a third party, as directed by PROVIDER PARTICIPANT, in accordance with 45 C.F.R. § 164.524, access to PHI in a designated record set; 

f. Make any amendment to PHI in a designated record set that PROVIDER PARTICIPANT has agreed to pursuant to 45 C.F.R. § 164.526; 

g. Document any disclosures of PHI necessary to provide an accounting of disclosures in accordance with 45 C.F.R. § 164.528; 

h. Make internal Provider Participants, books and records, relating to the use and disclosure of PHI received from, or created or received by RSMD on behalf of PROVIDER PARTICIPANT, available to the Secretary for purposes of determining PROVIDER PARTICIPANT compliance with the Privacy Rules.   

1. Permitted Uses and Disclosures.   

Except as otherwise set forth in this Agreement, RSMD may: 

a. Use or disclose PHI to perform the Services and any other duties and obligations pursuant to the Agreement; provided that, such use or disclosure complies with the Privacy Rules; 

b. Use PHI for RSMD's management and administration or to carry out RSMD's legal responsibilities; 

c. Disclose PHI for the purposes of this Agreement, if (i) the disclosure is required by law, or (ii) RSMD obtain reasonable assurances from the persons to whom the PHI is disclosed that (A) the PHI will remain confidential and will not be used or further disclosed except as required by law or for the purpose for which it was disclosed to the person, and (B) the person will notify RSMD of any instances of which they become aware that the confidentiality of the PHI has been breached. 

1. PROVIDER PARTICIPANT’s Obligations.  

PROVIDER PARTICIPANT will notify RSMD of any: 

a. Limitation in PROVIDER PARTICIPANT’s notice of privacy Provider Participants, as required by the Privacy Rules, that may affect RSMD's use or disclosure of PHI; 

b. Changes in or revocation of an individual’s permission to use or disclose PHI, to the extent such change may affect RSMD's use or disclosure of PHI; and 

c. Restrictions regarding the use or disclosure of PROVIDER PARTICIPANT's PHI that PROVIDER PARTICIPANT has agreed to in accordance with 45 C.F.R. § 164.522, to the extent that such restriction may affect RSMD’s use or disclosure of the PHI. 

1. Effective Date.   

The terms and conditions in this Agreement will be effective as of the date hereof, and will continue until all PHI provided by PROVIDER PARTICIPANT Ito RSMD, or created or received by RSMD on behalf of PROVIDER PARTICIPANT, is destroyed or returned to PROVIDER PARTICIPANT. 

1. Effect of Termination.   

Except as otherwise provided in the Agreement, upon termination of the Agreement, RSMD will return or destroy all PHI received from PROVIDER PARTICIPANT, or created or received by RSMD on behalf of PROVIDER PARTICIPANT.  If it is not feasible for RSMD to return or destroy the PHI, (i) RSMD will notify PROVIDER PARTICIPANT of such infeasibility; (ii) RSMD will limit RSMD’s use and disclosure of such PHI to the purpose which makes it infeasible for RSMD to return or destroy the PHI; and (iii) the terms and conditions set forth in this Agreement will continue with respect to the PHI for so long as RSMD maintains the PHI. 

1. Indemnification. 

Notwithstanding any contrary provision in the Agreement, RSMD shall indemnify, defend and hold harmless PROVIDER PARTICIPANT, and its members, managers, officers, directors, agents and employees from and against any and all liability arising out of or relating to RSMD’s breach of any obligations under this Agreement.  This obligation will continue beyond termination of the Agreement or this Agreement. 

Additionally, PROVIDER PARTICIPANT shall defend and hold harmless RSMD from and against any and all liability arising out of or relating to PROVIDER PARTICIPANT’s breach of any obligation under this Agreement. This obligation will continue beyond termination of this Agreement.  

2. Access and Use of the Service 

2.1 Use Description 

By availing yourself to RSMD Services, you will have access to certain proprietary materials, (“Proprietary Materials”) including without limitation, training materials, diagrams, instructional manuals, and video and audio materials.  You agree not to use Proprietary Materials in any public forum or to share or disclose Proprietary Materials to any third party for any reason without the express written consent of RSMD. RSMD  may revoke your access at any time in its sole discretion. Upon such revocation, you must promptly destroy Proprietary Materials and any and all content downloaded or otherwise obtained from RSMD, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise. 

2.2 Your Registration Obligations 

You may be required to register with RSMD in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.  No person under 18 years of age may access or use RSMD Services.  

Certification of Licensure: As a Participant, you certify that you are a licensed medical professional and hold the necessary credentials to engage in the activities covered by this training. You shall at all times during the term of your utilization of RSMD Services or Proprietary Materials, shall maintain a current and valid professional license. RSMD is not responsible for verifying the Participant’s licensing status or credentials and makes no representations regarding the Participant's eligibility to perform medical tasks or procedures.  

The Participant agrees to indemnify and hold the RSMD, its officers, directors, shareholders, and employees harmless from any claims related to their licensure or qualifications.   

2.3 Member Account, Password and Security 

You may never use another Participant’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify RSMD of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session when accessing the Service. RSMD will not be liable for any loss or damage arising from your failure to comply with this Section. 

2.4 Modifications to Service 

RSMD reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice. You agree that RSMD will not be liable to any Participant or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. 

2.5 General Practices Regarding Use and Storage 

You acknowledge that RSMD may establish general practices and limits concerning use of the Service and/or any Proprietary Materials, including without limitation the maximum period of time that data or other content will be retained by the service and the maximum storage space that will be allotted on RSMD’s servers on your behalf. You agree that RSMD has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that RSMD reserves the right to terminate any Participant account that is inactive for six (6) months or longer. You further acknowledge that RSMD reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 

2.6 Mobile Services 

The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, and (ii) the ability to browse the Service and the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may function with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or pre-recorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your RSMD  account information to ensure that your messages are not sent to the person that acquires your old number. 

2.7 Return Policy 

Payments for Membership are nonrefundable and there are no credits for partially used periods. You may cancel your Recurring Subscription with thirty (30) day's notice. If you cancel your subscription before the end of your current subscription period, we will not refund any subscription fees paid to us for services redeemed, partially redeemed or prepaid for future services. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period.  You must provide notice of cancellation via email only to office.admin@rsmd.training. If you have a question regarding the refund policy, email Support at office.admin@rsmd.training. 

3. Conditions of Use 

3.1 User Conduct 

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. RSMD reserves the right to investigate and take appropriate legal action against anyone who, at RSMD’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. If RSMD determines that you are abusing our Service, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund; violations are determined at RSMD’s sole discretion.  

You agree to not use the Service to: 

Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of RSMD, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose RSMD or its users to any harm or liability of any type including but not limited to: (a) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (b) violate any applicable local, state, national or international law, or any regulations having the force of law; (c) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (d) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; (e) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or (f) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service. 

3.2 Fees 

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide RSMD information regarding your credit card or other payment instrument. You represent and warrant to RSMD that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RSMD  the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and this Terms of Service. You hereby authorize RSMD  to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RSMD know within thirty (30) days after the date that RSMD charges you. We reserve the right to change RSMD prices at any time without notice. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.  

3.3 Recurring Subscriptions 

If you select a Service with an auto-renewal feature (“Recurring Subscription”), you authorize RSMD to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that RSMD is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, RSMD, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you. 

RSMD may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully. 

Payments are non-refundable and there are no refunds or credits for partially used periods. You may cancel your Recurring Subscription with thirty (30) days notice, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees paid to us for services redeemed, partially redeemed or prepaid for future services. You must provide notice of cancellation via email only to office.admin@rsmd.training. If you have any questions regarding the refund policy email support at office.admin@rsmd.training. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. 

If you subscribed on our website, you can cancel by contacting Support at office.admin@rsmd.training or by going to Settings in your account, selecting Cancel under the Subscription box and then following the onscreen instructions to continue and cancel subscription. 

3.4 Special Notice for International Use; Export Controls 

Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. 

3.5 Commercial Use 

Unless otherwise expressly authorized herein or by RSMD in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.   All Proprietary Materials whether delivered in person, online, or via third-party platforms, is the exclusive property of RSMD and may not be copied, recorded, distributed, or reproduced without prior written consent. 

4. Intellectual Property Rights 

4.1 Service Content, Software and Trademarks 

You, the Participant, acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. All rights are reserved. The training materials including but not limited to RSMD and Dr. Small’s books and associated media, encompassing text and visuals, in all forms, formats, media and versions, now known or hereafter devised, including, without limitation, by any electronic or electromagnetic means or analog or digital signal, or any  human or machine readable medium, including as part of an electronic database, are protected by copyright. No part of these educational materials or associated media may be reproduced or transmitted in any form or by any means, such as photocopies or scanning, or other electronic copies, or inclusion in any information storage and retrieval system without prior written permission from the copyright owner. Unauthorized use, including but not limited to AI model training, constitutes copyright infringement and may lead to legal action and damages.  

To request permission for any book related copy or images, please contact Wolters Kluwer at Two Commerce Square, 2001 Market Street, Philadelphia, PA 19103, via email at permissions@lww.com, or via our website at shop.lww.com (products and services).  

In connection with your use of the Service you will not engage in or use any data mining, robots, or similar data gathering, data harvesting or extraction methods. Except as expressly authorized by RSMD, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. 

If you are blocked by RSMD from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of RSMD, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by RSMD. 

The RSMD name and logos are trademarks and service marks of Rebecca Small, MD and RSMD name and logos are trademarks and service marks of RSMD (collectively “RSMD Trademarks”). Other product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to RSMD. Nothing in this Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of RSMD Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from uses of RSMD Trademarks will inure to our exclusive benefit. 

4.2 Third Party Material 

Under no circumstances will RSMD be liable in any way for any content or materials of any third parties (including Participant users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RSMD does not pre-screen content, but that RSMD and its assignees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, RSMD and its assignees will have the right to remove any content that violates these Terms of Service or is deemed by RSMD, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.  RSMD shall not be held liable for any direct or indirect outcomes resulting from the use or interpretation of any content, training, or guidance provided. For any and all medical-related concerns or uncertainties, you agree to consult with your supervising physician or use your own clinical judgement as indicated. In the case of urgent medical matters, you will use your professional judgment to seek immediate medical assistance or contact emergency services as necessary. 

4.3 User Content Transmitted 

Through the Service and in respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant RSMD , its affiliated companies and partners (including but not limited to RSMD  instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise). 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to RSMD , its affiliated companies or partners are non-confidential and RSMD , its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You acknowledge and agree that RSMD  may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of RSMD , its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

4.4 Copyright Complaints 

RSMD  respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should immediately notify RSMD  of your infringement claim in accordance with the procedure set forth below. You may also contact us by email at office.admin@rsmd.training. 

To be effective, the notification must contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. 

4.5 Counter-Notice 

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the state of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.  If a counter-notice is received by the Copyright Agent, RSMD  will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. 

4.6 Repeat Infringer Policy 

In accordance with the DMCA and other applicable law, RSMD  has adopted a policy of terminating, in appropriate circumstances and at RSMD ’s sole discretion, users who are deemed to be repeat infringers. RSMD  may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 

5. Third-Party Websites 

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. RSMD  has no control over such sites and resources and RSMD  is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that RSMD  will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that RSMD  is not liable for any loss or claim that you may have against any such third party. 

6. Social Networking Services 

You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook (Meta) or Twitter (X), WhatsApp (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and RSMD ’s use, storage and disclosure of information related to you and your use of such services within RSMD  (including your friend lists and the like), please see our Privacy Policy. 

However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and RSMD  shall have no liability or responsibility for the privacy pProvider Participants or other actions of any third party site or service that may be enabled within the Service. 

In addition, RSMD  is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, RSMD  is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. RSMD  enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation. 

7. Indemnity and Release 

To the fullest extent permitted by law, you agree to release, indemnify and hold RSMD  and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. To the maximum extent permitted by applicable law, Participants assume all risks and liabilities associated with the use of this information, RSMD  assume no responsibility for any injury or damage to persons or property, whether under product liability, negligence law or otherwise, arising from any reference to or use of these materials or associated media. 

Participant agrees to indemnify and hold harmless RSMD , affiliates and their respective directors, officers, employees or agents, from and against any and all claims, causes of action, liabilities, losses, damages, penalties, assessments, judgments, awards or costs, including reasonable attorneys’ fees and expenses, arising out of, resulting from, or relating to any content published that contains any mistakes, typos, or deletions in either text, graphics, videos or any other associated media. 

8. Compliance with Laws and Regulations 

It is the professional responsibility of the healthcare provider to determine the appropriate application of the presented information in a particular situation, and to comply with relevant laws and regulations governing the drugs, devices, and treatments they offer. 

Given continuous, rapid advances in medical science and health information, independent professional verification of medical diagnoses, indications, appropriate pharmaceutical selections and dosages, and treatment options should be made, and a variety of sources should be consulted. 

Off-label uses of FDA-approved products are described. When prescribing medication, healthcare providers should consult the manufacturer’s package insert, verifying, among other things, conditions of use, indications, warnings, precautions, side effects, and identify any changes in indications, dosage, contraindications, and any added warnings and precautions. This is especially important for new, infrequently used, or narrowly therapeutic range medications. It is the responsibility of the Participant to ascertain FDA status of each drug or device used in their clinical Provider Participant. 

9. Disclaimer of Warranties 

This material is a compilation of the RSMD ’s clinical experiences intended exclusively for qualified licensed healthcare providers trained in medical aesthetic treatments. While efforts have been made to ensure the accuracy of this information, it is provided “as is” and “as available” basis, with all faults. Use of RSMD  information is at your sole risk. These materials are for informational and educational purposes only and do not constitute medical advice or guidance and should not be interpreted as such by Participants. 

While all commercially practicable efforts have been made to ensure the accuracy and reliability of this information, it is provided “as is” without warranties or representations of any kind, whether expressed, implied or statuary, about the accuracy, content, completeness, legality, reliability, or suitability of the content.  RSMD  does not recommend or endorse any technique or product. We do not represent whether techniques or products will be fit for viewers’ or Participants’ purposes. It is highly recommended that healthcare providers have a detailed understanding of anatomy in the treatment area, particularly muscles to avoid, safety zones, and how to balance facial musculature by treating multiple muscles and advise their patients regarding the risks associated with techniques and products and obtain informed consent from their patients prior to performing any procedure. Participants, not the RSMD  trainers, staff, or demonstrators, are solely responsible for the use of these materials, including medical judgment and resulting diagnoses, treatments, and outcomes. 

RSMD  is not liable for any loss, cost, or damage, including indirect or consequential, whether arising in contract, tort, or otherwise, which may arise as a result of a Participants use of, or inability to use, the information in the materials, including any third-party website to which the company’s website is linked. Participant shall indemnify and hold harmless RSMD  and its licensees, affiliates, successors and assignees, from all costs, expenses (including attorneys’ fees and expenses), losses, liabilities, damages, and settlements arising out of or in connection with any claim or suit based on allegations which, if true, would constitute a breach of any one or more of the representations and warranties in this Policy or from RSMD  efforts to resolve or avoid the claim. We make no warranties or representations regarding the accuracy of third-party advertisements, if any are seen at any time. 

You understand that all material provided is for educational purposes only and is not intended to be, nor should be construed as, medical advice. The content is designed to enhance your knowledge and skills in the relevant subject area, but it is not a substitute for professional medical training or the advice of a licensed healthcare provider. You acknowledge that these educational materials and content do not guarantee competency in any medical procedures and that you are solely responsible for making any healthcare decisions and performing any medical procedures at your own risk. 

You further acknowledge that RSMD  does not guarantee any specific outcome from the online training, including, but not limited to, certification of your abilities, mastery of medical skills, or the application of the knowledge learned in the training. RSMD  makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations. You are aware that the efficacy of online training may vary from traditional, in-person instruction and that successful learning depends largely on your personal commitment, engagement, and initiative and may not achieve procedural proficiency for every Participant.  

RSMD  disclaims any and all warranties, express or implied, or statutory, including but not limited to those related to the adequacy, reliability, accuracy, completeness, fitness for a particular purpose, title, merchantability, non-infringement or currency of the content of this work and associated educational materials. Participants, not RSMD  are solely responsible for the use of this work, including medical judgment and resulting diagnoses, treatments, and outcomes. This work does not replace individual patient assessments conducted by Participants, considering all relevant factors. It is the Participants responsibility of the medical provider to determine the appropriate application of the presented information in a particular situation, and to comply with relevant laws and regulations governing the drugs, devices, and treatments they offer.  

10. Limitation of Liability 

You expressly understand and agree that RSMD  will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if RSMD  has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no event will RSMD ’s total liability to you for all damages, losses or causes of action exceed the amount you have paid RSMD  in the last six (6) months, or, if greater, one hundred dollars ($100). 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service. 

11. Binding Arbitration; Class Action Waiver 

You and RSMD  agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes that may arise between us. 

12. Headings. Section headings are not to be considered a part of these Policies and are not intended to be a full and accurate description of the contents hereof. 

13. Severability. In the event that any provision in this Policy or in any other instrument referred to herein shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof or thereof shall not in any way be affected or impaired thereby. 

14. Unenforceability of Provisions. If any provision of this Policy, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Policy shall nevertheless remain in full force and effect, and the provision held invalid, illegal or unenforceable shall be reformed and replaced by an enforceable provision that preserves to the extent possible the original intent of the parties. BY SELECTING “I AGREE”, THE PARTICIPANT IS AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS POLICY, INCLUDING WITHOUT LIMITATION ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND OTHER STATEMENTS OF THE CONTRIBUTOR. 

ADDITIONALLY, BY SELECTING “I AGREE”, THE PARTICIPANT REPRESENTS AND CERTIFIES THAT (1) THE PARTICIPANT HAS READ THIS POLICY IN ITS ENTIRETY, (2) THE PARTICIPANT UNDERSTANDS THE TERMS AND CONDITIONS OF THIS POLICY, (3) THE PARTICIPANT IS AUTHORIZED TO EXECUTE AGREEMENT TO THIS POLICY, AND (5) THE PARTICIPANT AGREES THAT SELECTING “I AGREE” HAS THE SAME BINDING EFFECT AS IF THE PARTICIPANT HAD MANUALLY SIGNED THIS POLICY.