Provider Agreement

This Provider Agreement (the "Agreement") governs your practice's use of Plastic Surgery Local ("PSL," "we," "us") — including claiming a listing, using the provider portal, and subscribing to a paid tier. It is between PSL, operated by Camden Ventures AZ, a DBA of LBJC LLC, and the practice or professional entity that claims the listing ("you," "the Practice").

By claiming a listing, signing in to the provider portal, or starting a paid subscription, you agree to this Agreement on behalf of the Practice and confirm you are authorized to do so. Where this Agreement conflicts with our general Terms of Service, this Agreement controls for the Practice.

1. What we do — and what we do not do

• We publish a listing for the Practice, make it discoverable by location and procedure, and forward appointment and consultation requests from consumers who choose you.
• We do not practise medicine, provide clinical services, supervise or direct care, or exercise any control over how the Practice practises, whom it accepts, what it charges, or how it or its staff communicate.
• We are not the Practice's agent, partner, employee, employer, joint venturer, or representative, and we do not hold ourselves out as any of those. Nothing here creates an exclusive relationship.
• We are not a HIPAA business associate. We do not create, receive, maintain, or transmit protected health information on the Practice's behalf. We do not host the Practice's patient intake forms, connect to its electronic medical records, store clinical photographs or records tied to a named patient, or operate patient messaging as the Practice's agent. Do not send us protected health information. If the Practice needs a service of that kind, it needs a different vendor and a business associate agreement; we will not sign one, because we do not perform those functions.
• A consumer's request forwarded through PSL is a request for an introduction. Once the Practice receives it, the relationship — clinical, contractual, and communications — is between the Practice and that person. See section 6.

2. Fees, billing, and cancellation

• Flat fees only. Listing tiers are billed as a flat monthly subscription at the price published on our pricing page when you subscribe. Optional promotional placements are billed at flat amounts set in advance.
• We are never paid per patient, per lead, per booking, or as any share or percentage of what a patient pays the Practice. Our fees do not vary with the volume, value, or outcome of any care the Practice provides. This is deliberate and is a condition of this Agreement: neither party will propose or enter into any arrangement under which our compensation is tied to patient volume or to a share of professional fees.
• Auto-renewal. Paid tiers renew automatically each month on the billing date until cancelled. Your card is charged through our payment processor; we do not store card numbers.
• Cancellation. Cancel any time from the provider portal or by emailing us. Cancellation takes effect at the end of the current billing period. There are no long-term contracts, no termination fees, and no notice period.
• Refunds. Fees already paid for a completed or in-progress billing period are not refunded, except where required by law or where we cancel without cause. If we materially reduce a paid feature mid-period, tell us and we will credit or refund the affected portion.
• Price changes. We may change subscription prices with at least 30 days' notice by email. The new price applies from your next billing date; if you don't want it, cancel before then.
• Non-payment. If a charge fails we may retry it and, after notice, suspend paid features and revert the listing to the free tier. Unclaimed or unpaid listings may still appear as basic public information.
• What happens to your listing when you leave. Paid features stop. Your profile reverts to a free listing built from your own submitted and publicly available information. Reviews written by patients stay published — they belong to their authors, not to either of us, and removing them on request would misrepresent the record. You may ask us to correct factual errors at any time.

3. Your representations and warranties

The Practice represents and warrants, on an ongoing basis, that:

• Every professional who provides services at the Practice holds a current, valid, unrestricted licence in each state where they practise, and is in good standing with the relevant board.
• All credentials, board certifications, affiliations, training, memberships, years of experience, and titles stated in the listing are accurate and current. Do not claim a board certification you do not hold — including implying certification by a board that does not certify the procedures advertised.
• The Practice carries professional liability (malpractice) insurance in amounts customary for its specialty and jurisdiction, and general liability insurance, and will keep them in force for the term. On request, the Practice will provide certificates of insurance.
• The Practice has all licences, permits, and supervisory arrangements required for the services it advertises — including, where applicable, physician supervision or medical-director arrangements for services delivered by non-physician staff.
• The Practice is not currently excluded, suspended, or debarred from any federal or state healthcare programme, and will tell us promptly if that changes, or if a licence is suspended, restricted, surrendered, or revoked.
• Content submitted is the Practice's to submit, does not infringe anyone's rights, and complies with section 4.

We may verify any of this, may ask for supporting documentation, and may suspend or remove a listing if a representation appears to be untrue. We are not obliged to verify anything, and our not verifying is not a waiver.

4. Content, photos, and advertising claims

The Practice is the author and publisher of its listing content and is solely responsible for its accuracy and legality.

• Before-and-after photographs. Only submit images of the Practice's own patients, taken by or for the Practice, with the patient's written consent to public marketing use that has not been withdrawn. Do not submit stock images, another practice's images, manufacturer images, or a competitor's results, and do not present any image as the Practice's own work when it is not. Do not retouch, relight, reshape, or alter images in any way that changes the apparent clinical result.
• Typical results. The FTC's revised Endorsement Guides removed the old "results not typical" safe harbour. If an image or testimonial would lead a reasonable consumer to expect a comparable result, the Practice must be able to substantiate that the result is representative, or must clearly disclose what consumers can generally expect. A disclaimer alone is not sufficient.
• Testimonials and reviews. Do not write, commission, buy, incentivise, filter, or gate reviews, and do not have staff, family, vendors, or agents post as patients. Disclose any material connection with anyone whose endorsement the Practice uses. Providers cannot pay us to add, remove, alter, reorder, or suppress reviews or ratings.
• Claims and pricing. Do not state or imply guaranteed outcomes, absence of risk, "permanent" or "painless" results, or superiority ("best," "safest," "top") without substantiation. Where a price is shown, state clearly what it includes and any material conditions.
• Patient privacy in content. Do not include a patient's name, identifying details, or health information in any content you submit, including in review replies. That obligation is the Practice's, not ours.
• You grant us a non-exclusive, worldwide, royalty-free licence to host, display, resize, and promote your listing content within the Service and in marketing for the Service. You keep ownership. When you cancel, we stop using it in new marketing; existing copies may persist in archives and caches.

5. Automated and AI features

• Some paid features generate draft text — for example, automated answers on your profile, or suggested replies to reviews. Drafts are suggestions, not published content. Where a feature requires your approval before anything is published, nothing is published until you approve it.
• You are the publisher of record for anything you approve or allow to be published under the Practice's name, and you are responsible for its accuracy and compliance — including sections 3 and 4 and any professional-advertising rules that apply to you. Review every draft before approving it.
• Automated output can be wrong or incomplete. It is not medical advice, does not create a doctor–patient relationship, and is labelled as automated where it is shown to consumers.
• You own the content you approve and publish. We claim no ownership of it, and we do not use your patient communications to train models.

6. Communications with consumers

• We may relay requests and replies between a consumer and the Practice, including by email and text. In doing so we are a delivery channel only: we do not review, verify, edit, or advise on what either side says, and we are not a participant in the conversation.
• The Practice is solely responsible for all of its communications with consumers and patients, however they occur, including those of its staff and contractors — and for complying with the laws that govern them, including TCPA and state telemarketing rules for any calls or texts the Practice sends, and any applicable professional-advertising rules.
• The Practice will honour opt-outs promptly and will not use contact details received through PSL for unrelated marketing without the consumer's consent.
• Consumer contact details received through PSL are for responding to that person's request and for the Practice's own patient relationship. Do not sell, rent, or transfer them, and do not add them to a third party's marketing list.

7. Indemnification

The Practice will defend, indemnify, and hold harmless PSL, Camden Ventures AZ, LBJC LLC, and their officers, members, employees, and contractors from and against any claim, demand, action, investigation, loss, liability, damage, penalty, fine, or expense (including reasonable legal fees) arising from or relating to:

• Care the Practice provided or failed to provide, and any clinical outcome, complication, injury, or death;
• Any communication or conduct of the Practice, its owners, professionals, employees, contractors, or staff;
• Any content the Practice submitted or approved — including before-and-after photographs, testimonials, claims, and pricing — and any breach of section 4, including any claim that content infringed a right or was used without patient consent;
• Any breach of the Practice's representations and warranties in section 3, including a lapsed or restricted licence or a misstated credential;
• Any failure by the Practice to comply with law applicable to it — including HIPAA and state health-privacy law, professional-advertising and licensure rules, consumer-protection and advertising law, and TCPA;
• Any dispute between the Practice and a consumer, patient, employee, or third party.

We will notify the Practice of any claim, and the Practice will not settle any claim in a way that imposes an obligation on us or admits our fault without our written consent. We may participate in the defence with our own counsel at our own expense.

8. Disclaimers and limitation of liability

• The Service is provided "as is" and "as available," without warranties of any kind. We do not guarantee any number of leads, requests, bookings, patients, revenue, search position, or return on the Practice's subscription, and nothing we say in marketing or in conversation is a promise of results.
• We do not warrant that the Service will be uninterrupted or error-free, that consumers will respond, that the information consumers provide is accurate, or that any request represents a genuine or qualified prospective patient.
• To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost patients, lost data, or loss of goodwill, even if advised of the possibility.
• Our total aggregate liability to the Practice for all claims arising from or relating to this Agreement or the Service will not exceed the total fees the Practice paid us in the twelve months before the event giving rise to the claim — or $100 if the Practice paid nothing.
• Nothing in this section limits either party's liability for fraud, wilful misconduct, or anything that cannot be limited by law.

9. Confidentiality

Each party will protect the other's non-public business information (for example, unpublished pricing, product plans, and portal analytics) with reasonable care and use it only to perform this Agreement. This does not apply to information that is public, independently developed, lawfully received from someone else, or required to be disclosed by law. This section does not cover patient information — as stated in section 1, the Practice must not send us protected health information at all.

10. Suspension and termination

• Either party may terminate this Agreement at any time. The Practice cancels from the portal or by email; we will give at least 30 days' notice unless we are terminating for a reason below.
• We may suspend or remove a listing immediately, without notice, if: a licence appears to be suspended, restricted, or revoked; a representation in section 3 appears untrue; content violates section 4; there is a credible report of patient harm, fraud, or unlawful conduct; a payment fails; or continued listing would expose us or consumers to material risk.
• We will tell the Practice why, and will restore the listing if the issue is resolved. Suspension for a reason above does not entitle the Practice to a refund, but we will not charge for a period during which paid features are suspended.
• Sections 1, 4 (licence grant), 7, 8, 9, and 11 survive termination.

11. Dispute resolution — arbitration and class-action waiver

• Informal resolution first. Before starting arbitration, email support@plasticsurgerylocal.com describing the dispute and the relief sought. The parties will try in good faith to resolve it within 60 days.
• Arbitration. Any unresolved dispute arising from or relating to this Agreement will be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Maricopa County, Arizona, or by remote hearing. The Federal Arbitration Act governs this section. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
• Class-action waiver. Disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any representative proceeding. If this waiver is unenforceable as to a particular claim, that claim alone is severed and proceeds in court; the remainder stays in arbitration.
• Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property, enforce section 9, or stop unauthorized access to the Service.
• Costs. Each party bears its own legal fees unless the arbitrator awards otherwise. Filing and arbitrator fees are allocated under the applicable AAA rules.

12. General

• Governing law. Arizona law governs this Agreement, without regard to conflict-of-law rules. Subject to section 11, any dispute not required to be arbitrated will be brought in the state or federal courts located in Arizona, and both parties consent to that jurisdiction.
• Changes. We may update this Agreement. Material changes take effect 30 days after we post them and email the Practice's listed contact; continued use or continued subscription after that date is acceptance. If the Practice does not accept a material change, it may cancel before the effective date.
• Independent contractors. The parties are independent. Neither may bind the other or hold itself out as authorized to do so.
• Assignment. The Practice may not assign this Agreement without our written consent, except to a successor of its business that assumes it in full. We may assign it in connection with a merger, acquisition, or sale of assets.
• No third-party beneficiaries. This Agreement creates rights only between PSL and the Practice. No patient or other third party may enforce it.
• Severability and waiver. If a provision is unenforceable it is severed and the rest stays in force. A failure to enforce a provision is not a waiver of it.
• Entire agreement. This Agreement, together with our Terms of Service and Privacy Policy, is the entire agreement between us on this subject and supersedes any prior discussions, proposals, or representations, including any statement about expected leads or results.

13. Contact

Questions about this Agreement: support@plasticsurgerylocal.com, or Camden Ventures AZ, PO Box 18902, Fountain Hills, AZ 85269.