Overview

Welcome to Breast Operation, provided by Bliss Aesthetics Inc and its subsidiaries, affiliates, and other related entities (“Breast Operation,” “we,” “us,” or “our”).  These Breast Operation Terms of Service (“Terms” or “Agreement”) govern your use of our website, BreastOperation.com, and the services, information, and products available on or through our website (collectively, the “Website” or “Site”).  These Terms control regardless of how you access the Site, whether it is through a computer, mobile device, or other application.

These Terms constitute a legal contract between you (“you” or “your”) and Breast Operation regarding your use of the Site.  Please carefully read these Terms.  You accept and agree to these Terms, as well as Breast Operation’s Privacy Policy and any other policies in place (collectively, the “Policies”), when you access this Site, click accept when you sign up for a service, make a purchase, or register for an account.  If you do not wish to accept and agree to be bound by these Terms, as well as the Policies, do not access this Site, click accept when signing up for a service, make a purchase, or register for an account.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.  THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

No Medical Advice

The content (which includes any text, graphics, images or other material contained, accessed or entered on the Site by you or a health care provider (“Content”) is for educational/informational purposes only and is not a substitute for medical advice, diagnosis or treatment provided by a qualified healthcare provider. Any communication between you and health care providers on the Site (including any responses by health care providers to questions posted on the Site or through any feature available on the Site) is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by federal and state law. Your reliance on any information (including any links to third-party websites containing any information about health care providers) or Content provided on the Site, whether or not it is provided by a healthcare provider, is solely and exclusively at your own risk. You should always seek the advice of your health care provider for any questions you may have about your own medical condition(s).

How and When You May Use the Site

You may use the Site only to post reviews (including photos and videos) based on your own personal experience(s); to communicate with other community members about questions on personal care, beauty, and wellness; and to post questions on the Site. You may only use the Site for personal, non-commercial uses, and you may not use the Site to advertise or promote a product, service, procedure, business, health care provider, or another entity or person.

You may not use the Site:

  1. If you are under 18.
  2. In any way or for any purpose that is against any local, state, federal or any other applicable laws.
  3. In any way or for any purpose that harms or endangers us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the “Breast Operation Parties”), or any customer of a Breast Operation Party;
  4. To exploit, solicit or harm minors;
  5. To copy any Content from the Site, including, but not limited to, photographs, and post those photographs or other Content on another third-party website;
  6. To post or submit any Content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit; false, misleading, fraudulent, invasive of another’s privacy or publicity rights; an infringement upon another’s intellectual property rights; contains any trade secrets or other confidential information; or is otherwise offensive or objectionable;
  7. To promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;
  8. To post your name, email address(es) or telephone number(s), URL(s), or any other confidential or personally identifiable information about you or any other person on the Site;
  9. To provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations;
  10. To register for multiple accounts or use the account of another person without their authorization;
  11. To impersonate or pretend to be any person other than yourself, including to impersonate or pretend to be a healthcare provider;
  12. To attempt to solicit business or direct website visitors to a non-Breast Operation site for commercial purposes or spamming any Breast Operation health care providers, community members or other users;
  13. You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site;
  14. To post links to sites or files that contain or are viruses, spyware, malware, or other harmful content;
  15. To attempt to interfere with or disrupt the Site or any person’s ability to use the Site; 
  16. To create and upload reviews or comments in exchange for monetary compensation or other incentive; or
  17. For any purpose for which the Site is not intended.

We may tell you about certain specific harmful or additional prohibited uses in our Policies or through some other notice made available through the Site. We have, however, no duty to do so. You agree to abide by any Policies or other notices we provide, which may be changed from time to time in our sole and absolute discretion. Without limiting the foregoing, you agree to abide by these Terms and all other Policies (including but not limited to any code of conduct) Breast Operation has in place. Any use of the Site other than as specifically authorized herein, without the prior express written permission of Breast Operation, is strictly prohibited.

In addition, Breast Operation is not obligated to enforce these Terms against another user, health care provider, or other third-party on your behalf. If you believe another user, health care provider, or other third-party has violated these Terms, then please contact Breast Operation by contacting legal@cupcakes.ai. Breast Operation reserves the right to investigate the matter and take whatever action Breast Operation deems appropriate in its sole discretion.

Your Service Account; Email Consent

In order to use some of the features on the Site, you are required to register and provide information about yourself to us and create a service account (“Service Account”). It is your responsibility to maintain the confidentiality of your Service Account information, including your Service Account password. In addition, you are responsible for all activities that occur in connection with your Service Account. You must tell us right away about anyone using your Service Account without your consent, or any security breach that relates to the Site or your Service Account. You agree to provide Breast Operation with accurate, current, and complete information about yourself as may be prompted in any registration forms on the Site, and to promptly update any such information to keep it accurate, current, and complete. Breast Operation reserves the right to refuse to provide services to anyone, including terminating your Service Account and/or preventing you from using services, making purchases, or accessing the Site or your Service Account, with or without notice or cause, at any time and in its sole discretion.

By using the Site, you consent to receive emails from Breast Operation. Please note that as long as you maintain a Service Account, you may not “opt-out” of receiving service or account-related emails from Breast Operation, and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Materials You Post or Provide; Communications Monitoring

You may be able to post or submit reviews, comments, questions, direct messages, photographs, videos (including videos created through a third-party tool) and other materials on or through the Site (collectively, “Submission” or “Submissions”). Your Submissions, (including, to the extent applicable, personally identifiable information), are made voluntarily and are subject to the Policies. You understand Breast Operation is not required to treat any of your Submissions as confidential. In addition, you understand and agree that your Submissions (including your username associated with your Submissions) are not confidential and are publicly available for anyone to view on the Site.

Breast Operation does not claim ownership of the Submission(s) you post or submit on the Site. With the exception of any information you directly submit through a health care provider’s profile or inquiry form, by posting or otherwise providing your Submission on the Site, you are hereby expressly granting Breast Operation a nonexclusive, irrevocable, worldwide, perpetual, royalty-free license (including sublicense) to use, copy, distribute, publicly display, publicly perform, modify (including create derivative works of) or transmit (including the digital transmission of a sound recording) your Submission, in connection with the Site and Breast Operation’s business; including, without limitation, promoting and redistributing part or all of the Site or the Breast Operation business, in any media formats and through any media channels now known or hereafter developed. You also grant Breast Operation permission to publish and use your name, likeness, and voice in connection with your Submission. In addition, by uploading a Submission to the Site, you hereby waive any rights of privacy or publicity. You also grant Breast Operation the right to grant any of the above rights to other persons or entities, including for the purpose of promoting the Site or Breast Operation’s business, without any compensation or other obligation to you. You also grant Breast Operation the right and authority to send takedown notices (on your behalf) related to your Submission to any individual or entity under the Digital Millennium Copyright Act.

Breast Operation will not pay you for your Submission, nor are you entitled to any compensation for your Submissions. You also understand and agree that Breast Operation may refuse or remove part or all of your Submission from the Site at any time if Breast Operation determines, in its sole and absolute discretion, the Submission to be illegal, offensive, harassing, infringing, inappropriate or otherwise violates these Terms or the Policies. For each Submission, you represent and warrant that you have all rights necessary to post or submit the Submission and to grant the licenses and permissions in this section and that you are solely responsible for the content of your Submission. Further, you represent and warrant that your Submission does not violate any applicable law, rule, or regulation.

Breast Operation reserves the right to review and monitor Submissions, but is under no obligation to do so. In addition, Breast Operation is not responsible for screening, monitoring, or editing Submissions. However, we may monitor your Submissions and may disclose information about you, including the contents of such Submission, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with these Terms or the Policies; or (3) protect the rights, property, or interests of Breast Operation, its employees, its users, or the public.

You may also request information directly from a specific healthcare provider by submitting an inquiry through their profile or inquiry form. You understand and acknowledge that these requests, including any personally identifiable information contained therein, are made voluntarily and are subject to the Policies, including the Privacy Policy. There is no guarantee that a healthcare provider will respond to any request submitted through their profile or inquiry form. 

Marketing

By submitting a request to a healthcare provider through the Site, you understand that Breast Operation may contact you by phone, email, or text message about your request. All standard message and data charges will apply to any text messages.  Further, by accessing the Site, you hereby acknowledge and agree that you are providing your express written consent to receive marketing and informational communications regarding personal care, beauty, and wellness via an automatic dialing system, artificial and pre-recorded calls, SMS/MMS, and emails from this Site and/or one or more of its marketing partners at the phone number and/or email address you provided to us, including wireless numbers, if applicable, regardless of whether the number is on a corporate, state, or national “Do Not Call” list.  In connection with the foregoing, you consent to and authorize us to provide your information to our marketing partners so that you may obtain their services.  Carrier SMS/MMS and data rates may apply.  Your consent to receive these marketing materials is not a condition to using the Site in any way, and you may revoke your consent at any time. 

Reviews or Content Posted by Others

Breast Operation does not have any responsibility, including editorial control, of any content posted by other Breast Operation community members, health care providers, or other third-party content providers on the Site. The statements or content posted by Breast Operation community members, health care providers, or other third-party content providers on the Site are those of the community members, health care providers or other third-party content providers and are not the opinion of Breast Operation. Breast Operation does not make any representations or warranties about the accuracy or reliability of the content, including the opinions, statements or information posted by the Breast Operation community members, health care providers or other third-party content providers on the Site. The Breast Operation community members, health care providers and other third-party content providers are solely responsible for the content posted by them respectively.

Breast Operation does not endorse or recommend any specific content, procedures, products, opinions, health care providers, or any other material or information available on the Site. In addition, the health care providers featured on the Site are not employees or independent contractors of Breast Operation and Breast Operation does not make any warranties about the qualifications of the health care providers or the costs of the procedures or products featured on the Site.

There may be medical-related or health-related materials posted by Breast Operation community members, health care providers, or other third-parties that contain nudity. If you find these materials to be offensive, then you may want to use the Site in such a way as to limit your viewing of this material.  If you feel the nudity extends beyond the bounds of addressing personal care, beauty, and wellness and is pornographic or inappropriate, you may make a complaint consistent with these Terms and the Policies. 

Notwithstanding the foregoing, healthcare providers must have the proper consent(s) from individuals and comply with all applicable laws (as well as these Terms and the Policies) before uploading, submitting, or posting any photographs or videos of individuals on the Site.  If a health care provider or other third-party has submitted, uploaded, or posted a photograph or video of or featuring you on the Site and you want the photograph or video removed, please contact 1925 Palomar Oaks Way, #200, Carlsbad CA 92008.  Please provide the following information about the photograph or video in order for us to be able to identify the media:  (1) identify the photograph or video and provide us with enough information to be able to locate the media on the Site; (2) provide a statement to the effect that you have in good faith determined that the photograph or video is of you and was either not authorized to be uploaded, posted, or submitted or your health care provider had permission to upload, post, or submit the media but you no longer give consent to the publication of the media on this Site; (3) provide a statement declaring that the contents of your notification to us are accurate and true and, under penalty of perjury, that you are the person in the photograph or video or that you are authorized to act on behalf of the person featured in the photograph or video; (4) provide information so that we may contact you; and (5) your signature (in physical or electronic form).

Third-Party Sites and Promotions

The Site may contain links to other websites maintained by third-parties (“Third-Party Website”) or you may be able to log into the Site through a Third-Party Website.  Third-Party Websites are not under the control of Breast Operation and we do not endorse or assume any responsibility for the content, information, or functionality of any Third-Party Website.  Consequently, your access or use of any Third-Party Website is entirely at your own risk and these Terms and the Policies do not extend or apply to or govern any Third-Party Website.  You expressly relieve us of any and all liability related to the functionality, content, or information contained on any Third-Party Website.  Your dealings with or participations in any promotions of third-parties (including health care providers) found on the Site – including the payment and delivery of goods or services and any other terms (such as warranties) – are solely and exclusively between you and the third-party.  You agree that we shall not be liable to you or responsible for any loss or damage of any kind relating to your dealings with such third-parties.

Intellectual Property

We hereby grant to you a limited, person, revocable, non-assignable, and non-exclusive license to use the Site.  You agree that we own all rights, title, and interests (including all intellectual property rights under federal, state, and international intellectual property law; including but not limited to patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide) in and to the Site.  This ownership extends to all text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site (such information and property to be included within the term “Content”)

If you submit comments, suggestions, ratings, or other feedback regarding the Site or your experience (“Feedback”), you agree that you grant to us a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials, and that such Feedback does not violate any law or the rights of any third-party. We shall be free to use such Feedback for any purpose and without restriction, compensation, attribution, or obligation to you. You acknowledge and agree that our name and logo are our trademarks. You are not authorized to use any such trademarks, or any other of our trademarks, whether registered or unregistered, without our prior written permission. Ownership of all such trademarks and the goodwill associated therewith remains with us.

You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, disassemble, publicly display, or create derivative works based on any of the Content, in whole or in part, or the Site except as expressly authorized in writing by us.  We do not grant you any express or implied rights in and to the Site and the Content, which are all retained by us.  

Without limiting the foregoing, you acknowledge and agree that the rights in any third-party content (including any third-party content licensed by us, advertisements, etc.) presented to you through the Site or in any other websites to which this Site links, including copyright, trademarks, logos, service marks, patents or other proprietary rights and any other intellectual property rights not owned by us, belong to their respective owners. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services.

Copyright Infringement

If you believe that any materials made accessible on the Site have been used or copied in a way that infringes your copyright or other intellectual property rights, you may request that we remove those materials by providing us with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the website (including the specific URL of each item in dispute, which should help us to locate the relevant content);
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. 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 are authorized to act on the copyright or intellectual property owner’s behalf.

Notice of claims of copyright or other intellectual property infringements should be provided to legal@cupcakes.ai 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES

THE SERVICES, THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THE SITE. WITHOUT LIMITING THE FOREGOING, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE SHALL HAVE NO LIABILITY FOR ANY SCHEDULED OR UNPLANNED SYSTEM OUTAGES, INCLUDING DUE TO ANY THIRD-PARTY ACTS OR ANY OTHER OUTAGES OF WEB HOST PROVIDERS OR THE INTERNET INFRASTRUCTURE AND NETWORK EXTERNAL TO THE WEBSITE AND THE SERVICE, AND IN PARTICULAR FOR THE RESULTING UNAVAILABILITY OF THE WEBSITE, ANY RESULTANT LOSS OF DATA OR ANY RESULTANT DELAY OR NON-DELIVERY OF INFORMATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BREAST OPERATION OR THE BREAST OPERATION PARTIES BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED, TO LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EVEN IF BREAST OPERATION OR ANY OF THE BREAST OPERATION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT SHALL BREAST OPERATION BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER OR COMMUNITY MEMBER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT HEALTH CARE PROVIDERS, PROCEDURES, TREATMENTS, OR PRODUCTS POSTED ON THE SITE. BREAST OPERATION SHALL NOT BE LIABLE FOR ANY DAMAGES, DELAYS, OR NON-PERFORMANCE CAUSED BY FACTORS OR ACTIVITIES BEYOND ITS REASONABLE CONTROL, INCLUDING DELAYS AND NONPERFORMANCE CAUSED BY VIRUSES, DENIAL OF SERVICE ATTACKS, OTHER ACTS OR OMISSIONS OF THIRD-PARTIES, INTERNET SERVICE PROVIDER FAILURES, STRIKES, LOCKOUTS, WORK SLOWDOWNS OR STOPPAGES, ACCIDENTS, FIRES, TERRORISM, ACTS OF GOD, GOVERNMENT RESTRICTIONS, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURES, WAR OR INSURRECTION.

IN ADDITION, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE SHALL NOT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD-PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE SITE AND OUR SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) THE ACTIONS OR INACTION OF SERVICE PROVIDERS. 

WITHOUT LIMITING ANYTHING CONTAINED HEREIN, THE AGGREGATE LIABILITY OF BREAST OPERATION AND THE BREAST OPERATION PARTIES TO YOU IN CONNECTION WITH THE SITE (INCLUDING ANY THIRD-PARTY CONTENT ON THE SITE) AND THESE TERMS WILL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO BREAST OPERATION IN THE SIX (6) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, EVEN IF BREAST OPERATION HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING TYPES OF LOSSES OR DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Changes to the Site; Updates; Suspension of Your Use of the Site; Service Account Closure

We may change the Site or delete features of the Site at any time and for any reason without notice in our sole discretion. We are not obligated to provide maintenance, technical support, or updates to you for the Site, but we may provide these at our discretion. We may terminate or suspend your use of the Site at any time and for any reason in our sole and absolute discretion. Our termination or suspension may be without cause and/or without notice. You may terminate your use of the Site and close your Service Account at any time, with or without cause, upon notice to us as specified in the customer support or “contact us” area. Upon termination, your right to use the Site ceases immediately. Once your use of the Site is terminated or suspended, any data you have stored on the Site may not be retrieved later. In addition, even if you stop using the Site or your account is suspended by Breast Operation, Breast Operation may continue to show some or all of your Submissions.

Jurisdiction

Breast Operation controls and operates the Site from its offices in 1925 Palomar Oaks Way, #200, Carlsbad CA 92008 in the United States and Breast Operation does not represent that the Site, the Content, or the Submissions by either health care providers or community members, are appropriate, available, or may be downloaded for use outside the United States. If you are located outside the United States and you use the Site and the Service, then you are responsible for complying with all of your local laws if and to the extent your local laws are applicable. These Terms and the Site are governed by United States federal law and the laws of the State of California_, excluding any conflicts of law provisions. Registering for a Service Account, purchasing a product, accessing, browsing or otherwise using the Site means you hereby consent to the exclusive jurisdiction of the state and federal courts in California and you waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California.

Indemnification

You agree to indemnify and hold harmless Breast Operation and the Breast Operation Parties from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with: (a) your Submissions or any other content you post or submit to or through the Site; (b) your use of the Site; (c) your conduct in connection with the Site or with other users of the Site, and; (d) any violation of these Terms, any Policies, or of any law, or the rights of any third party.

Dispute Resolution 

READ THIS SECTION CAREFULLY EBCAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITES THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BREAST OPERATION

Any arbitration conducted pursuant to the provisions of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

For any dispute with Breast Operation, you agree to first contact us at 1925 Palomar Oaks Way, #200, Carlsbad CA 92008 and attempt to resolve the dispute with us informally.  In the unlikely event that we have not been able to resolve a dispute it has with you after sixty (60) days, the parties agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach, enforcement, or interpretation or validity of these Terms, including the determination of the scope or applicability of this agreement to arbitrate (collectively, “Claims”) by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jams adr.com. 

The arbitration will be conducted in California USA, unless you and Breast Operation agree otherwise. Each party will be responsible for paying its JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing herein shall be deemed as preventing Breast Operation from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property or other proprietary rights, or your confidentiality and use obligations in respect of our confidential information. You agree that California is the proper forum for any appeals of an arbitration award or for trial court proceedings if this arbitration provision is found to be unenforceable

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BREAST OPERATION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. 

YOU AND BREAST OPERATION FURTHER AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES PROVIDED BY BREAST OPERATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH A CAUSE OF ACTION IS PERMANENTLY BARRED AND FOREVER FORFEITED AND WAIVED.  

Your Notices to Us

You may contact us by e-mail or postal mail. Your notices to us must be addressed as follows:

legal@cupcakes.ai

ATTN: Bliss Aesthetics Inc.

566 Shanas Ln, Encinitas CA 92024

 

Our Notices to You; Consent Regarding Electronic Information

This contract is in electronic form. There may be other information regarding the Site that the law requires us to send you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may terminate your ability to use the Site. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for the Site (or subsequently provided when updating your account information), (2) by access to a Breast Operation website that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to a Breast Operation website that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Site immediately.

Miscellaneous

These Terms constitute the entire agreement between you and Breast Operation regarding the use of the Site, and supersedes any prior agreements between you and Breast Operation relating to your use of the Site. The failure of Breast Operation to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance.  Any waiver of any provision of these Terms shall only be effective if in writing and signed by an authorized representative of Breast Operation. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. 

Your rights and obligations under these Terms may not be transferred or assigned by you to any other person, including by way of change of control, operation of law, consolidation, sale of assets, or otherwise, without the prior express written consent of Breast Operation.  Breast Operation may assign its rights and interests or delegate its obligations hereunder without restriction.  Upon termination of these Terms, any provision which, by its nature or express terms should survive, shall survive such termination or expiration.  Any headings contained herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. 

Breast Operation reserves the right to make changes to the Site, these Terms and other policies. If Breast Operation makes material changes to these Terms or other policies, then Breast Operation will either notify you by email or by posting a notice on the Site prior to the effective date of the changes. Breast Operation will also indicate on this page the date these Terms were last updated. These Terms are effective upon acceptance by new users. For current users, these Terms are effective as of April 15, 2023 and supersede all previous versions of the Breast Operation Terms of Service. If any section or portion of these Terms shall be deemed invalid, void or for any reason unenforceable, then that section of the Terms shall be deemed severable and shall not affect the validity of the remaining condition. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future terms, you may not use or access the Site.