TERMS AND CONDITIONS
Introduction
Welcome to Perfect Gift Ultrasound LLC. This Site is owned and operated by Perfect Gift Ultrasound LLC (“Perfect Gift,” “we,” or “us”). These Terms and Conditions (“Terms″) govern your use of our Site, hereafter referred to as “the Site”. These Terms include information about usage, licensing, and intellectual property. Please read these Terms carefully. By using the Site, you consent to these legally binding Terms as well as our Privacy Policy, which is hereby incorporated.
By using the Site, you consent and agree to the following:
- You are under the care of a physician or other health care provider, and that you are not obtaining this ultrasound as a replacement for, or in lieu of, standard prenatal medical care
- You will notify your current physician or health care provider regarding the ultrasound you receive from Perfect Gift as a further condition to receiving limited diagnostic screening ultrasound services from Perfect Gift, you hereby acknowledge, understand, and agree to the following statements:
- You understand that the quality of this ultrasound and the images depends upon many factors including maternal body habitus, developmental stage, and fetal position, and for those reasons we cannot guarantee the quality.
- You understand that since Perfect Gift performs a limited medical diagnostic study with each ultrasound, and that since this ultrasound is not performed solely for the images you will receive as a byproduct of this limited diagnostic study, refunds are not available for any reason
- This ultrasound is an elective procedure that I have voluntarily requested and is not intended to take the place of a diagnostic ultrasound or any other test or treatment that has been or may be recommended by my healthcare provider.
- The technologist who performs this ultrasound while qualified to provide such ultrasound services, is not qualified to interpret, diagnose medial conditions from, or otherwise offer medical conclusions regarding the images produced.
- You understand that you are responsible for contacting your own healthcare provider if you have any questions concerning this ultrasound or any other aspect of your pregnancy.
- You understand that factors beyond the control of Perfect Gift may also affect the ability to accurately determine the gender of the fetus, and that Perfect Gift can provide no warranty or guarantee as to the accuracy of any such determination. In consideration of the services rendered, you agree to release Perfect Gift’s: ultrasound technologists, owners, and employees from any and all claims or causes of action for injury, harm, damage or other liability which results from, or are alleged to have resulted from, this ultrasound, including but not limited to, the failure of Perfect Gift to accurately determine fetal gender or other characteristics, and any damages or injuries resulting from, or alleged to result from ultrasound which are not now not known to occur.
- FIRST TRIMESTER ULTRASOUND SCAN. The first trimester ultrasound is performed between the gestational age of 5 weeks to 13 weeks. If you are earlier than 10 weeks, we may be unable to hear a heartbeat due to baby’s development. This ultrasound is an elective procedure that I have voluntarily requested and is not intended to take the place of a diagnostic ultrasound or any other test or treatment that has been recommended by my healthcare provider. This ultrasound is for pregnancy confirmation and measurements for an estimated due date. The technologist is not qualified to interpret, diagnose medical conditions from or otherwise offer medical conclusions regarding the images produced. You understand that you are responsible for contacting your own healthcare provider for any questions regarding your pregnancy. You understand that THE FIRST TRIMESTER ULTRASOUND DOES NOT FALL UNDER OUR RETURN POLICY.
- By booking any appointment with PERFECT GIFT, you are authorizing Perfect Gift to use pictures from any 3d/4d ultrasound for media purposes only
- CANCELLATION POLICY. To cancel your appointment with PERFECT GIFT and receive a FULL refund you must cancel within seventy-two (72) hours. Appointment cancelations within 48 hours will result in a seventy-five percent (75%) refund. Appointment cancelations without explanation within 24 hours will result in no (0%) refund.
Consent and Capacity
In order to use our services, you must be at least eighteen. Your use of our services is conditioned on your acceptance of these Terms. If you do not agree with these Terms, please discontinue your use of the Site. By using our services, you warrant that you are entering into a binding contract with Perfect Gift Ultrasound LLC. Areas of the Site may also be subject to additional terms. Any additional terms are not intended to replace or supersede these Terms, but rather supplement these Terms in those specific areas. Please take the time to familiarize yourself with the additional conditions of those areas before accessing them.
Intellectual Property Rights
Perfect Gift’s trademarks, trade names, logos, and other intellectual property incorporated into the Site are the sole property of Perfect Gift Ultrasound LLC or its licensors and are protected under copyright, trademark, trade secret, and other intellectual property laws. Copying or distributing any material, illustrations, photographs, video, or content from the Site without consent is strictly prohibited. Additionally, any use that constitutes an infringement of any of the above-stated intellectual property rights is prohibited. We, in our sole discretion, reserve the right to remove any content or take any steps deemed appropriate to protect such rights.
User Content
Perfect Gift Ultrasound LLC allows its users to post, upload, or comment on content on the Site. This user-generated content includes, but is not limited to reviews, comments, and pictures. By posting on the Site, you grant Perfect Gift Ultrasound LLC a perpetual, nonexclusive, unrestricted, worldwide license to any and all of the user content you post. You acknowledge that you are the sole owner of any copyrights and that your content does not infringe the rights of any third parties. You agree to be fully responsible for any content you post on the Site.
User reviews, comments, pictures, and ideas posted on the Site may be used to improve Perfect Gift Ultrasound LLC. By submitting user content, you give permission to store and use such content to improve our services.
Perfect Gift Ultrasound LLC may monitor any user’s content posted to the Site. We reserve the right, at our discretion, to remove, terminate, or prohibit users from accessing the Site for any reason or no reason with or without notice.
User Responsibilities
Users of the Site agree to the following guidelines:
- You will keep your username and password confidential. You will not share this information with any other person.
- You will not use another user’s login and registration information.
- You will not create fake accounts for the purpose of spamming users or visitors, collecting personal information with or without consent, or any other deceptive practices.
- You will not circumvent, evade, disable, or otherwise interfere with the security of the Site.
- You will not infringe the intellectual property rights of others.
Additionally, to access certain portions of the Site, you may be required to provide information. The information you provide must be truthful, accurate, and complete. The information you provide is subject to our Privacy Policy, which is hereby incorporated into these Terms.
Disclaimer
THE SITE, ITS CONTENT, AND ALL THE MATERIALS ARE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR GUARANTEE. YOU ACCESS THE SITE AT YOUR OWN RISK UNDERSTANDING THAT PERFECT GIFT ULTRASOUND LLC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PERFECT GIFT ULTRASOUND LLC WILL NOT BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGE THAT MAY ARISE FROM YOUR USE OF THIS SITE. PERFECT GIFT ULTRASOUND LLC DISCLAIMS ANY AND ALL WARRANTIES PERTAINING TO THE ACCURACY AND USEFULNESS OF THE MATERIALS, CONTENT, SOFTWARE, OR SERVICES PROVIDED VIA THE SITE. PERFECT GIFT ULTRASOUND LLC MAKES NO PROMISES OR REPRESENTATIONS THAT OUR SOFTWARE IS FREE FROM VIRUSES, MALWARE, OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION.
THIS SECTION APPLIES TO YOU TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, PERFECT GIFT ULTRASOUND LLC DOES NOT ACCEPT LIABILITY FOR LOSS OR DAMAGE OF ANY KIND, BE IT DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, ACTUAL, PUNITIVE, OR OTHERWISE, WHETHER IT ARISES FROM PERSONAL INJURY, FINANCIAL LOSS, DATA LOSS, OPPORTUNITY LOSS, THIRD-PARTY USE OR MISUSE, AGGREGATE SERVICE, PERSONAL DISSATISFACTION, OR ANY OTHER DAMAGE RESULTING FROM YOUR USE OF THE SITE. THE FULL ASSUMPTION OF RISK AND THEREFORE RESPONSIBILITY LIES WITH YOU, THE USER AND VISITOR. PERFECT GIFT ULTRASOUND LLC, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, ASSIGNORS, AND LICENSORS WILL NOT BE HELD LIABLE IN ANY EVENT. FOR JURISDICTIONS IN WHICH STATUTORY LAW PROHIBITS THE LIMITATION OF CERTAIN TYPES OF LIABILITY RELATED TO THE GROSS NEGLIGENCE OF A PARTY, PERFECT GIFT ULTRASOUND LLC’S LIABILITY IS LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Indemnification
You agree to indemnify and hold harmless Perfect Gift Ultrasound LLC, its directors, shareholders, employees, representatives, agents, subsidiaries, assignors, and licensors from and against any lawsuits, disputes, claims, proceedings, demands, costs, or expenses related to or stemming from any use of the Site or your breach of these Terms and any other policies incorporated into this agreement.
Right to Refuse Service
Perfect Gift reserves the right to refuse service to anyone for any reason at any time.
Choice of Law
These Terms and any disputes arising from the use of THE SITE are governed by and construed according to the law of the state of Florida. Each party agrees to submit to the courts of the state of Florida and that the state of Florida has personal jurisdiction over the matter.
Dispute Resolution
We believe that it is beneficial to all parties to quickly resolve any potential disputes as efficiently and cost-effectively as possible. In line with this belief, you agree that any disputes arising from your use of the Site will be handled and resolved according to the provisions of these Terms, unless otherwise explicitly stated.
YOU AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL YOU MAY HAVE IN ANY AND ALL JUDICIAL PROCEDURES AND PROCEEDINGS RELATED TO ANY DISPUTE ARISING FROM YOUR USE OF THE SITE UNDER THESE TERMS.
ALL PARTIES WAIVE THEIR RIGHTS TO PRESENT CLAIMS IN A CLASS ACTION SUIT.
Severability
If any portion of these Terms is deemed unenforceable, void, or invalid for any reason, the remaining provisions of these Terms will remain unaffected and will not be considered unenforceable, void, or invalid. They will maintain the full force of law to the extent possible.
Changes to These Terms
We may update these Terms from time to time. If any updates are made to these Terms, they will be posted here. Additionally, if material changes are made, we will notify you via a notice posted on the Site, and registered users will receive an additional email. Please check this page frequently for updates.
Contact Us
If you have any questions, comments, or concerns about these Terms or our services, please contact us via email at info@perfectgiftultrasound.com or by mail at Perfect Gift Ultrasound LLC, 1189 Blackwood Ave, Ocoee, FL 34761.
Effective Date: March 1st, 2023
