Terms of service
Welcome to the Nicholson Clinic website (“Site”) on the World Wide Web. Please examine these terms of use for the Site, which govern your utilization of our platform. By accessing, browsing, or using this Site, you acknowledge that you have perused, comprehended, and consent to be bound by these terms. If you disagree with these terms, kindly refrain from using this Site.
Nicholson Clinic manages and operates this Site from its offices within the United States. Claims related to the use of this Site and its contents are governed by the laws of the United States and the State of Texas. If you do not concur, please refrain from using this Site. Should you choose to access this Site from a different location, you do so at your own initiative and are responsible for complying with local laws.
Last updated: 06/30/2023
OWNERSHIP OF SITE CONTENT AND USAGE LIMITATIONS
The information contained on this Site, including all images, illustrations, designs, photographs, video clips, writings, and other materials, is protected by copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed (collectively referred to as the “Contents”) by Nicholson Clinic or the property of their respective owners. The names Nicholson Clinic and the Nicholson Clinic logo are registered trademarks of Nicholson Clinic.
None of the Contents may be replicated, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, mirrored, photocopied, or reproduced without the prior written consent of Nicholson Clinic or the applicable copyright owner.
Please be aware that the permission granted herein automatically ceases if you breach any of these Site terms or conditions. Any other use of the Contents on this Site, including reproduction for purposes other than noted above and any modification, distribution, or republication, may violate copyright or trademark laws and is strictly forbidden without the prior written permission of Nicholson Clinic.
DISCLAIMER OF WARRANTY
NICHOLSON CLINIC PROVIDES THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH NICHOLSON CLINIC BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, NICHOLSON CLINIC DOES NOT ASSERT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL NICHOLSON CLINIC BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION SUBMISSIONS PROVIDED BY YOU
You agree that any material, information, and ideas you transmit to this Site or provide to Nicholson Clinic (“Transmissions”) shall be and remain the property of Nicholson Clinic.
All Transmissions will be treated as non-confidential and non-proprietary, and Nicholson Clinic shall be under no obligation regarding such information, free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, Nicholson Clinic may use information about your demographics and use of this Site in any manner that does not reveal your identity.
Furthermore, you agree, and are hereby informed, that posting or transmitting unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material, or any other material that could give rise to civil or criminal liability under law, to or from this Site is strictly prohibited. You are solely responsible for the content of any comments you make.
REVISIONS TO TERMS OF USE
Nicholson Clinic may modify these terms of use by updating this posting. You agree that if any portion of these Site terms is found to be unenforceable, the remainder shall remain in full force and effect. By using this Site, you agree to be bound by any such revisions and should periodically visit this page to ascertain the then-current terms of use to which you are bound.
MOBILE MESSAGING TERMS & CONDITIONS
Nicholson Clinic for Weight Loss Surgery (“Nicholson Clinic,” “we,” or “us”) operates a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions. The Program and our collection and use of your personal information are also subject to our Privacy Policy. By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms, our Privacy Policy, and our Terms of Use.
Program Description: We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include promotions, specials, and other marketing offers. Transactional messages relate to an existing or ongoing transaction and may include appointment reminders and requests. Mobile messages may be sent using automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic, and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Program, but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.
User Opt-In: By providing your mobile phone number to us, you voluntarily opt into the Program and agree to receive recurring mobile messages from us at the phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at info@nicholsonclinic.com. Your participation in the Program is not required to make any purchase from us, and your participation in the Program is completely voluntary.
User Opt-Out: You may opt-out of the Program at any time. If you wish to opt-out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP to any mobile message from us. You may continue to receive text messages for a short period while we process your request, and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us, and we will not be responsible for failing to honor a request sent to a telephone number or shortcode that has been changed.
Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.
Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted on our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.