Terms of Website Communication
Communications through our website or via email are not encrypted, which can create a risk to the privacy and security of those communications. For example, we cannot guarantee that the information you provide or that we send to you through email will not be intercepted while being transmitted over the internet or maintained in your email service. Emails you receive from us may contain personal information (including health information) that are not encrypted or otherwise secure. That information may be accessed by unauthorized third parties.
By checking this box, you acknowledge the risks above and agree to the following. You hereby request our practice to contact you by either phone or email using the information you provide and agree that any email we send you may not be encrypted or otherwise secure. You agree that we may include your personal information (including health information) in emails that we send to you or your representatives. You agree to assume any and all risks relating to our use of email to contact or communicate with you. You further agree to hold our practice, its doctors and affiliates, harmless from any liability arising from our use of email to contact or communicate with you and that you will not seek to hold us liable in the event any information in those emails is accessed or acquired by any unauthorized party. You agree that you have all necessary authority to agree to these obligations and to disclose the information you provide to us.
You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use these Online Services in accordance with all terms and conditions herein. You agree to be financially responsible for all use of these Online Services. You agree not to assign, transfer or sublicense user rights pursuant to this Agreement.
By accessing or using the Online Services, you further agree that:
- You will only use the Online Services for your sole, personal use and you will not resell them to a third party;
- You will not copy or distribute the Online Services or other Online Services content;
- You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
- You will not use the Online Services for any purpose in violation of local, state, federal or international laws;
- You will not use the Online Services as a means to distribute advertising or other unsolicited material to any third party;
- You will not impersonate another person;
- You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
- You will comply with all applicable third party terms of agreement when using the Services (e.g., your wireless data service agreement);
- You will not try to harm the Online Services or impair the proper operation of the network in any way whatsoever; and
- You will provide us with whatever proof of identity we may request.
We reserve the right to immediately terminate your use of the Online Services should you fail to comply with any of the foregoing rules.
You are free to establish a hypertext link to our Online Services so long as the link does not state or imply any sponsorship of your website or service by us or by our Services. However, you may not, without our prior written permission, frame or inline link any of the content of our Online Services, or incorporate into another website or other service any of our material, content or intellectual property.
INTELLECTUAL PROPERTY POLICY
YOUR PROVISION OF PERSONAL INFORMATION TO US
When you provide information about yourself to us, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to refuse any and all current or future use of the Online Services or any portion thereof.
ONLINE SERVICES FOR INFORMATIONAL PURPOSES ONLY
The Online Services content, including but not limited to information about medical conditions and Practice services, provided by the Practice through the Online Services is for informational purposes only. Online Services Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that the Practice has not represented that the Online Services Content has the ability to diagnose disease, prescribe treatment, or perform any other tasks that constitute the practice of medicine.
Do not disregard professional medical advice or delay seeking medical advice because of something you saw or read on the Online Services. If you think you may have a medical emergency, call your health care provider or 911 immediately.
INFORMATION, NEWS, AND PRESS RELEASES
The Online Services may contain information, news, and/or press releases about us. We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk.
LINKS TO THIRD PARTY WEBSITES
The Online Services may contain links to websites published by other content providers. Also, at your request, the Online Services may connect to social networking websites that are not owned or controlled by us. These other websites are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, collection, and use of your information, copyright compliance, legality, decency, or any other aspect of such websites or the content displayed on or through them. The inclusion of such a link does not imply our endorsement of any such website or the content displayed on or through it or any association with its operators, and we disclaim all liability with respect to such linked websites, including but not limited to your access to and/or use of the same. You will need to make your own independent judgment regarding your interaction with these linked sites.
DISCLAIMER OF WARRANTIES
THE ONLINE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. ANY ACCESS TO OR USE OF THE ONLINE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
NOTHING CONTAINED IN THE ONLINE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ANY INFORMATION CONTAINED IN THE ONLINE SERVICES SHOULD NOT BE RELIED UPON AS THE BASIS OF ANY HEALTH-CARE DECISION. THE ONLINE SERVICES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT.
NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH OUR WEBSITE. HOWEVER, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP.
THE ONLINE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE ONLINE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE ONLINE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
The Practice reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Online Services, or any portion of the Online Services, for any reason; (2) to modify or change the Online Services, or any portion of the Online Services, and any applicable policies or terms; and (3) to interrupt the operation of the Online Services, or any portion of the Online Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE ONLINE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRACTICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE PRACTICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE PRACTICE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The Practice may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Online Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Practice's rights or property, or the rights or property of visitors to or users of the Online Services, including the Practice's patients. The Practice reserves the right at all times to disclose any information that the Practice deems necessary to comply with any applicable law, regulation, legal process or governmental request.
SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with the Practice outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on the Practice website (such as advertising or payments).
VOID WHERE PROHIBITED
The Practice administers and operates the Online Services from its location in Coral Gables, FL, USA; other Practice Online Services may be administered and operated from various locations outside the United States. Although the Online Services is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Online Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. The Practice reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Online Services is void where prohibited. If you choose to access the Online Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
- This agreement makes up the entire agreement between the parties regarding the Practice, and supersedes any prior agreements.
- You will not transfer any of your rights or obligations under this agreement to anyone else without our consent.
- All of our rights and obligations under this agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this agreement shall prevent us from complying with the law.
- This agreement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing the Online Services.
What information do we collect?
Information You Provide – We and our service providers collect any information that you provide when you use the Online Services, including when you request a consultation or otherwise contact us with a question, comment, or request.
The information that you provide us can include, but is not limited to: (a) your name; (b) your contact information; (c) your interest in various dermatological procedures; and (d) any other information you choose to share with us, such as your medical condition or health information.
Information Automatically Collected From You – We and our service providers may automatically collect certain technical information from your computer or mobile device over time and across different websites when you use the Online Services, such as your Internet Protocol address, your general geographic location, your browser type, your operating system, the pages you view on the Online Services, the pages you view immediately before and after you access the Online Services, and the search terms you enter on the Online Services. This information allows us to recognize you and personalize your experience if you return to the Online Services, and to improve the Online Services and the services we provide. We and our service providers may collect this information using "cookies," which are small text files that the Online Services save on your computer using your web browser and accesses when you return, or similar technologies.
How do we use this information?
We may use the information we collect for a number of purposes, as described below:
- providing you with products, services, or information you request, such as arranging a consultation or providing information regarding procedures of interest;
- providing you with information about the Online Services or required notices;
- sending you administrative information, including information about changes to our terms, conditions and policies;
- communicating with you regarding the scheduling of appointments, for example, to send you appointment confirmations; and providing you with related customer service;
- for our business purposes, such as quality assessment, data analysis, audits, improving our services, identifying usage trends, developing tools which help you assess the performance, competence and qualifications of health care providers and conducting training programs for such providers, and determining the effectiveness of our promotional campaigns;
- customizing your experience when using the Online Services, such as by providing interactive or personalized elements on the Online Services and providing you with content based on your interests;
- allowing us to improve the Online Services and the services we provide, such as by better tailoring our content to our users' needs and preferences;
- generating and analyzing statistics about your use of the Online Services;
Under what circumstances do we disclose this information?
We may disclose the information we collect from you through the Online Services:
- to third parties that provide services to us in connection with our business operations and that have agreed to keep the information confidential, including, but not limited to, third parties that provide services such as hosting of the Online Services, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services;
- for other treatment, payment or health care operations purposes;
- a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding); and
In addition, we may share de-identified reports on user demographics and traffic patterns, as well as de-identified information, with third parties.
The Online Services also may contain third-party links. You acknowledge and agree that we are not responsible for the collection and use of your information by such third parties that are not under our control. We encourage you to review the privacy policies of each website you visit.
Our use and disclosure of your Personal Information may also be subject to certain restrictions set forth in the Practice's Notice of Privacy Practices.
Where is this information processed?
Information collected through the Online Services will be processed in and subject to the laws of the United States, which, if you are not located in the United States, may not provide the same level of protection for your personal information as your home country, and may be available to the United States government or its agencies under a lawful order made in the United States.
How is your information secured?
We have administrative, technical, and physical safeguards designed to safeguard the information collected by the Online Services. However, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to the Online Services over networks that we do not control, including the Internet and wireless networks.
If your contact information changes, if you no longer wish to receive communications from us or to have us share your information with third parties, please submit a request at the contact information listed below.
The individual rights you have to access, correct, or modify your information that are set forth in the Notice of Privacy Practices may apply to some or all of the information we collect through the Online Services. Please consult that notice for a description of those rights and how to access them.
The Online Services are not directed to, nor do we knowingly collect information from, children under the age of 13. If you become aware that your child or any child under your care has provided us with information without your consent, please contact us at the contact information listed below.