Vardanush Ketikian M.D

AGREEMENT TO TERMS OF USE

Terms Governing Use of the Platform and Services

The following Terms of Use (“Terms” or “Agreement”) govern your access to and use of HVK Medical (“Company”) website, social media (@doctorketikian on Instagram and Facebook), Aesthetic Record portal (collectively “the Platform”), and all other services we provide (“Services”). 

Please read the Terms carefully. 

Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access the Platform and use of Services in accordance with these Terms. Your use of the Platform and Services constitutes your agreement bound by all terms. If you disagree with one or more of these terms, please do not use the Services.

Company makes health related information available. Company facilitates access to telemedicine services. 

Information is NOT Professional/Medical Advice

All data, information and material provided on this Platform is for informational and educational purposes only. The information on the Platform should not be used for the diagnosis or treatment of any medical condition or symptom. Information provided on this Platform should NOT be construed as provision or practice of medical or professional health care advice or services.

You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on this Platform.

Patient Responsibility

HVK Medical Corp provides certain telehealth consulting services and medical information from a physician. It is the patient’s responsibility to share information with their other physicians, who can independently evaluate the information. The Company’s medical services are limited to its specific areas of focus being weight loss management. The medical services HVK Medical Corp provides is in no way intended to take the place of a primary care or other specialist medical services.

Emergencies

This platform is not an emergency monitoring or response service. If any person is aware of an emergency situation OR is aware of a situation in which a persons may be at risk of injury, death, or harm to themselves or others; said person should call appropriate emergency responder. HVK Medical Corp is under NO obligation to monitor or respond to communications of the such matters on this platform.

Restrictions of Use

In using the Platform, you agree NOT to:

  • Send or transmit any unlawful, infringing, harmful, harassing, defamatory, threatening, or hateful material. 
  • Post, transmit or make available any virus, worm, spyware or any other computer code, file, or program that may or is intended to harm the Platform or computers.
  • Post, transmit or make available any virus, worm, spyware or any other computer code, file, or program that may or is intended to seize possession of the operation of any hardware, software, or telecommunications equipment.
  • Modify any part of the content on the Platform.
  • Send or transmit any unsolicited messages: “spamming” or “phishing” messages.
  • Misrepresent your identity or affiliation in any way.
  • Restrict or inhibit any other person from using the Platform. 
  • Gain unauthorized access to the Platform or collect personal information about users from the Platform.
  • Reverse engineer or disassemble any technology on the Platform.
  • Use any automated systems including but not limited to: robots, spiders, or offline readers.  
  • Allow any other person to use the Platform with your login information.
  • Breach Company’s security measures.
  • Assist or permit any persons in engaging in any of the activities described above.
  • Violate any laws, rules, and regulations applicable to your use of this Platform. 

Privacy

Upon acceptance of these Terms, you confirm that you have read, understood, and accepted the Company’s Online Privacy Policy. You acknowledge that any personal information that you provide electronically through the Platform included but not limited to your: name, email address, mailing address, gender, date of birth, and any other personal protected health information that identifies who you are; may be used by the Company solely in accordance with these Terms and Company’s Online Privacy Policy or as otherwise agreed upon between you and Company in writing.

If you contact the Company and request information about our programs or services, we will use your email, telephone, or social media to provide the information you requested. You agree that we may use and share information you provide us as described in our Online Privacy Policy.  You agree that we may provide any and all notices to you by e-mail, telephone, as well as by any other method.

You understand and acknowledge that you provide your personal information at your own risk.

Security-No Warranty-Limitation of Liability

We have implemented measures designed to secure your personal information from accidental loss, unauthorized access, use, alteration, or disclosure. We cannot guarantee that unauthorized third parties will never be able to defeat those measures and use your personal information for improper purposes. You understand and acknowledge that you use the Platform at your own risk.

Any content downloaded or obtained through the use of this Platform is done so at your own risk and you will be solely responsible for any damage to your property or loss of data that may result. We cannot guarantee that the Platform is free from viruses or other harmful components. Company does not guarantee that email or files available for downloading from its Platform will be free of viruses or other code that may contaminate or destroy data on your computer. 

The Platform and services are provided without warranties of any kind including but not limited to being error-free and complete. We cannot guarantee that the platform will meet your requirements and be available at any particular time or location, uninterrupted, and secure. 

Company Platform may contain links to third party websites or Platforms. You agree that you access any such Platforms at your own risk, and that the Platform is not governed by the Terms contained in these Terms. Company expressly disclaims any liability for these websites. When you use a link to go from our Platform to another the Company’s Online Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Platform, is subject to that website’s own rules and policies.

You are responsible for implementing sufficient protective procedures and checks to maintain your data and for maintaining a data back up or other means for the reconstruction of any lost data. 

The user’s sole remedy for dissatisfaction with the platform and any of its services is to stop using the platform and services. Company does not assume any responsibility for damage to your computer or its files related to your use of the Platform or Services.  You agree that under no circumstance shall any of company parties be liable for any damage resulting from your use or inability to use this Platform.  

Registration

To use some parts of the Platform and Services you may be required to register and provide personal information about yourself. If you become a registered member of the Platform, you accept responsibility for all activities that occur under your account. You agree to provide accurate and complete information at the time of registration. You also agree to update this information if any changes occur so that the information remains accurate and complete.

Do NOT share your Credentials with anyone else. You are responsible for maintaining the confidentiality and privacy of your Credentials. If you believe someone has unauthorized access to your account on this Platform, e-mail us immediately at [email protected].

Transactions

If you wish to purchase services described on the Platform the Company will request certain personal information from you that is applicable to your Transaction. You understand that, if you provide such information to the Company, then the Company shall treat any such information in the manner described in our Privacy Policy.  By supplying such information, you grant the Company the right to provide such information to third parties for the purposes of completing your Transaction. Verification of information may be required by the Company before the acceptance of any order. 

You agree to pay all charges incurred by you at the price in effect at the time charges are incurred. Price and availability of any service are subject to change without notice.  Company is not responsible for errors in the prices or descriptions of any service. Refunds and exchanges shall be subject to Company’s refund and exchange policies in effect at the time of the applicable Transaction.  Current rates for services are available on Company’s website hvkmedical.com or may be obtained by sending an email to [email protected].

We reserve the right, without prior notification, to refuse service to you. 

Social Media/Online Communities

Company may enable you to share information on third party social media sites such as Facebook, Instagram, TikTok, LinkedIn, Twitter, or other similar sites (“Social Media Sites”). Company may enable you to participate in online communities, discussion boards, chats, comments, and other forums on this Platform. 

You may use our @doctorketikian Instagram and Facebook handle and tag your photos and postings (“Tagged Content”) for potential use on our Platform. If you post Tagged Content your participation is governed by these Terms. You remain fully responsible and liable for your Tagged Content and its compliance with these and other applicable terms of use and laws.  Company will review Tagged Content and select certain Tagged Content for posting on the Platform. Company makes no guarantee that your Tagged Content will be posted. 

If your Tagged Content is posted to our Platform, you may request removal of your Tagged Content by making the content “private” in your Social Media Platform account or by emailing us at [email protected].

You agree that you will be respectful of others privacy and will not post photos of others without their permission. You acknowledge and agree that we have the right, but NOT the obligation to monitor the Platform, discussion boards, chats, social media comments and other materials you transmit or post.  We have the right to alter or remove any such materials. You understand that the the comments you leave on the Platform are at your own risk. We have the right to disclose such materials to any third party in order to operate the Platform properly, to protect ourselves, and our other clients and visitors, and to comply with legal obligations. Company may terminate or restrict your access to the Platform at any time.

Copyright Notice/DMCA Notice

This Platform is owned and operated solely by HVK Medical Corp and the Company reserves the rights of the Platform. The entire contents and design of the Platform are protected by U.S. and international copyright law. You are not authorized to use any Company name or mark in any advertisement or commercial manner. You may not copy, republish, upload, or transmit any of the materials on the Platform.

You may provide comments, or suggestions regarding the Platform. You acknowledge and agree to grant the Company a license to reproduce, publish, distribute, modify, or otherwise use the comments/suggestions as the Company may deem appropriate without any obligation to you or any restrictions; for any and all commercial and or non commercial purposes.

The Digital Millennium Copyright Act (the “DMCA”) protects copyright holders who believe that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that the content on this Platform infringes a valid copyright owned by you, you or your agent may send the Company a notice requesting that the material be removed at [email protected]. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA allows you to send us a counter notice. 

The notice must include the following information: 

  • An original signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of the copyright as well as to submit the claim.
  • A detailed description of the copyright work you believe is being infringed upon.
  • A description of the location of where the alleged infringing content appears.
  • Your contact information (name, address, telephone number, and email address)
  • A statement that the complaining party has a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent or the law.
  • A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are indeed authorized to act on behalf of the copyright owner.

Indemnity

You agree to indemnify and defend against all claims, demands, actions, liabilities, judgments, settlements, losses, damages, penalties, expenses, and attorney’s fees arising from any claims from defamation, violation of privacy, copyright or trademark infringement that may cause any economic harm, damages to business, damages to data or computer systems, that result from your submissions of any content on the Platform.

Disputes/Arbitration

If a dispute of any kind arises, we want to understand and address your concerns.  Please contact us at [email protected] with any dispute.  “Disputes” between you and Company, are defined to include any claim, controversy, or dispute between you and Company. 

Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. You are waiving your rights to have your case decided by a jury and to participate in a class action against Company. You and Company agree to arbitrate all Disputes. Disputes shall be resolved exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. or any other neutral service agreed to by the parties according to this provision and the applicable arbitration rules for that forum. 

Any arbitration hearing will occur in Los Angeles, California, another mutually agreeable location, or a location ordered by the arbitrator. Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

Jurisdiction

This Agreement is entered into and performed in the State of California, United States of America. It is governed by and shall be construed under the laws of California.

Termination/Survival

If you violate these Terms, your ability to use the Platform will be terminated. 

Company may terminate your access to the Platform, or any portion thereof, for any reason whatsoever without prior notice. Company shall not be liable to you or any third party for any such termination. Upon the termination of this license, you must stop using this Platform, including all content. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, warranties and indemnities shall survive any termination of these Terms.

Severability

If any of the clauses of this Agreement are held unenforceable by a court, then those clauses shall be eliminated to the minimum extent to allow the remainder of this Agreement to retain its full effect.

Conflicting Terms

Anything on the Platform inconsistent with the terms of this Agreement is superseded by the terms of this Agreement.

Electronic Document

This electronic document, and all other electronic documents referred to will be deemed to be a “writing”, and to comply with all statutory, contractual, and other legal requirements for a writing and will be legally enforceable as a signed agreement. 

A printed version of these Terms and any notice given in electronic form on the Platform shall be admissible in judicial or administrative proceedings, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Language

English is the language of these Terms and the parties waive any right to use and rely upon any other language or translations.

Changes to the Terms of Use

HVK Medical Corp has the right to modify the terms of this Agreement at any time by posting the amended Terms on the Platform. 

Any use of the Services after the publication of the amended Terms shall constitute your acceptance of the amended Terms.

Contact Information

Please contact us with any questions or concerns at [email protected].

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