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AAG Miami > Terms and Conditions

Terms and Conditions

Access to and use of this World Wide Web site ("AAG Miami") is provided subject to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY, AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

For individuals who are interested in hormone therapy please note we will only treat patients over the age of 35 who are showing symptoms and problems associated with hormone deficiencies (example: Hypogonadism, Adult Onset Growth Hormone Deficiency Syndrome, Hypothyroidism, etc.) yet are in good general health.

In general, hormone therapy is not suitable for individuals who have underlying medical conditions and poor medical history. All prospective patients who apply for hormone therapy go through a complete health screen consisting of a full medical evaluation, physician assessment, lab work and physical exam.

NO PRESCRIPTION WILL BE PROVIDED UNLESS A CLINICAL NEED EXIST BASED ON REQUIRED LAB WORK, PHYSICIAN CONSULTATION, PHYSICAL EXAMINATION AND CURRENT MEDICAL HISTORY. PLEASE NOTE, AGREEING TO LAB WORK AND PHYSICAL EXAM DOES NOT AUTOMATICALLY EQUATE TO CLINICAL NECESSITY AND A PRESCRIPTION

Please note that AAG Miami must be notified by the patient at least 24 hours in advance of the scheduled appointment in order for the patient to avoid a cancellation fee. If a cancellation is made without a 24 hour notice, the patient will be charged the full price of a private consultation. If medications are prescribed by the AAG Miami physician/MD and fulfilled by the AAG Miami nominated affiliate pharmacy cancellations and/or returns are at the strict discretion of AAG Miami.

Trademarks

AAG Miami is a trademark or service mark of AAG Miami. No display or use of such marks may be made without the express written permission of AAG Miami. All material on this website is covered by copyright laws. The Materials included on the AAG Miami Website have been compiled by us from a variety of sources, and are subject to change without notice.

Disclaimer of Warranty

The services, information or data (collectively, "Information") made available at the AAG Miami Website are provided "AS IS", without warranties of any kind. AAG Miami expressly disclaim any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. AAG Miami shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the AAG Miami Website.

Disclaimer of Liability

The information provided by AAG Miami is for educational purposes only and user acknowledges that the information will not be interpreted as a recommendation for a specific treatment plan, product, or course of action. User acknowledges that AAG Miami does not provide specific medical advice. User acknowledges and agrees that of AAG Miami does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of the users of this website and service.

AAG Miami shall have no liability for: any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information; the products it sells which are sourced from other companies; any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or any decision made or action taken or not taken in reliance upon the Information furnished hereunder.

AAG Miami makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. AAG Miami makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, AAG Miami and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

Limitation of Liability

Under no circumstances shall AAG Miami be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use of the Internet generally.

IN NO EVENT SHALL AAG MIAMI BE LIABLE FOR ANY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, PRODUCTS, THE WEBSITE OR THE CONTENT, MATERIALS OR PRODUCTS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOST GOODWILL, OR LOST SALES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF AAG Miami TO A USER FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR THE USE OF THE SERVICES OR THE WEBSITE EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00) OR, IN THE CASE OF AN ASSET PURCHASE, THE AMOUNT ACTUALLY PAID FOR THE ASSET IN QUESTION.

THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Indemnification. User will defend, indemnify and hold harmless AAG Miami, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (collectively, "Indemnified Parties"), from and against any claim, loss, damage, liabilities, judgments, fees and expenses related thereto (including, without limitation, reasonable attorney's fees) incurred by any of the Indemnified Parties arising from or related to: (1) the use of the Services, Products or the Website by User, (2) any breach or violation of these Terms and Conditions by User and (3) any breach of any of User's representations, warranties and covenants. For purposes of this section, AAG Miami shall include its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

Choice of Law; Consent to Jurisdiction. This Agreement, and all questions with respect to the interpretation of this Agreement, shall be governed by and construed in accordance with the internal laws of the State of Florida, without regard for conflict of laws provisions. Consistent with the Dispute Resolution section below, User expressly consents to personal and exclusive jurisdiction in the courts of the State of Florida.

Dispute Resolution

Any controversy involving AAG Miami arising from or in any way related to this Agreement or User's use of the Services or the Website shall be submitted to binding arbitration to be conducted in accordance with the Rules of Commercial Arbitration of the American Arbitration Association ("AAA"). A single arbitrator with knowledge of the auction business shall conduct the arbitration in Florida. The parties shall mutually agree upon such arbitrator. In the event that the parties have not agreed to a mutually acceptable arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the AAA shall be select the arbitrator from its regularly maintained list of commercial arbitrators. Within 60 days after the arbitrator has been selected, the arbitrator shall conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and shall render a decision within ten days after the conclusion of the hearing. The Federal Rules of Evidence and the Federal Rules of Civil Procedure shall apply to any arbitration hearing, and aggregate deposition discovery conducted in connection with any such hearing shall not exceed ten hours for each party. The decision of the arbitrator shall be binding and final, and the arbitration award may be filed in a court of competent jurisdiction. In the event that a civil or administrative proceeding with respect to any disputes subject to arbitration under this provision is commenced, any other party to such proceeding shall be entitled to demand arbitration with respect to that dispute and shall be entitled to a permanent stay and injunction against any such civil or administrative proceeding. In the event that a party asserts multiple claims or causes of action, some but not all of which are subject to arbitration under law, any and all claims subject to arbitration shall be submitted to arbitration in accordance with this provision.

Last updated June 11, 2007.

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