Cyberderm.com Terms of Service Agreement for Patients
This Web site is provided by Cyberderm.com.
BY ACCESSING OR USING CYBERDERM.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE CYBERDERM.COM.
CYBERDERM RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF CYBERDERM.COM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
The information contained in Cyberderm.com is presented for the purpose of educating patients on overall health and disease management.
Nothing contained in Cyberderm.com is intended to be instructional for medical diagnosis or treatment.
The information presented by Cyberderm.com should not be considered complete, or take the place of a consultation with a physician or competent healthcare professional for medical diagnosis and/or treatment; or serve as an endorsement for any medical practice, physician, pharmaceutical product, medical device or software.
It should not be used in place of a visit, call, consultation with or the advice of your physician or other qualified health care provider.
Information obtained in Cyberderm.com is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.
See your physician or other qualified health care provider promptly with any health care related questions. Always consult with your physician or other qualified health care provider before embarking on any new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read in Cyberderm.com.
The information contained in Cyberderm.com is compiled from a variety of Information Providers. Neither Cyberderm nor Information Providers directly or indirectly practice medicine or dispense medical services as part of Cyberderm.com.
ALL SERVICES AND INFORMATION ARE PROVIDED "AS IS" AND CYBERDERM DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE OR USE.
CYBERDERM AND INFORMATION PROVIDERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES. CYBERDERM AND INFORMATION PROVIDERS CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. CYBERDERM AND INFORMATION PROVIDERS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE CYBERDERM.COM SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. CYBERDERM AND INFORMATION PROVIDERS DO NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED IN CYBERDERM.COM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN CYBERDERM.COM WILL BE CORRECTED. USERS OF CYBERDERM.COM ARE RESPONSIBLE FOR (1) IMPLEMENTING AND MAINTAINING ADEQUATE PROCEDURES AND CHECKPOINTS TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT AND (2) MAINTAINING A MEANS EXTERNAL TO CYBERDERM.COM FOR THE RECONSTRUCTION OF ANY LOST DATA. WITHOUT LIMITING ANY OF THE FOREGOING, CYBERDERM AND INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING ANY BENEFIT, ECONOMIC, HEALTH-RELATED OR OTHERWISE, THAT MIGHT BE OBTAINED THROUGH CYBERDERM.COM.
2. OTHER SITES AND SOURCES
You are encouraged to use discretion while browsing the Internet on searches initiated at Cyberderm.com. Cyberderm.com links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. WE DO NOT WARRANT THE ACCURACY, APPROPRIATENESS, QUALITY OR STABILITY OF THIRD-PARTY INFORMATION THAT WE LINK TO.
CYBERDERM DOES NOT WARRANT THE ACCURACY, APPROPRIATENESS, OR QUALITY OF ANY INFORMATION FROM THIRD PARTIES PRESENTED ON CYBERDERM.COM.
3. REVIEW OF POSTINGS & UPLOADS
Cyberderm does not and cannot review all communications and materials posted or uploaded to Cyberderm.com and is not responsible for the content of these communications and materials. However, Cyberderm reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to Cyberderm. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
4. LIMITED LICENSE
By this Agreement, Cyberderm grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use Cyberderm.com in real time and to use the materials in Cyberderm.com in a manner consistent with paragraph 11 (Copyright) below.
5. USER'S AGREEMENT
You agree to: (a) maintain all equipment required for your access to and use of Cyberderm.com ; (b) maintain the security of your user identification, password and other confidential information relating to your Cyberderm.com account; and (c) be responsible for all charges resulting from use of your Cyberderm.com account, including unauthorized use prior to your notifying Cyberderm of such use and taking steps to prevent its further occurrence by changing your password.
6. COMMUNICATIONS ONLINE
6.01 Your participation in online communications occurs in real time and is not edited, censored, or otherwise controlled by Cyberderm. Cyberderm cannot and does not screen content provided by you to Cyberderm.com . Notwithstanding the foregoing, Cyberderm reserves the right to monitor content on Cyberderm.com and to remove content that Cyberderm.com, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or Cyberderm's operating policies for users of Cyberderm.com ("Users").
6.02 You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and otherwise use Cyberderm.com as permitted by this Agreement, Cyberderm's operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the Cyberderm.com area where your uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). Cyberderm's operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, forums (a.k.a. "BBSs") and other matters are available and/or will be made available online. Cyberderm reserves the right in its sole discretion to change such policies at any time. Files uploaded to a forum may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.
6.03 You are responsible for your communications and your use of Cyberderm.com. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to Cyberderm.com with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential or proprietary information, and trademarks or service marks used in an infringing fashion; (e) use Cyberderm.com to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or offer unsolicited to sell goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by Cyberderm); (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a forum or Cyberderm.com; (l) falsify the source or origin of software or other material contained in a file that you upload to a forum or Cyberderm.com; (m) use Cyberderm.com in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to Cyberderm.com, the User directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by Cyberderm); (o) falsely purport to be an employee or agent of Cyberderm (p) cause repeated disruptive incidents; or (q) act, or fail to act, in your use of Cyberderm.com, in a manner that is contrary to applicable law or regulation. In addition, you may not post or transmit any message that is harmful, threatening, abusive or hateful. It is not the intent of Cyberderm to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in Cyberderm.com, nonetheless, Cyberderm reserves the right to take such action as it deems appropriate in cases where Cyberderm.com is used to disseminate statements that are deeply or widely offensive and/or harmful. Each time you upload a file on Cyberderm.com, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
Cyberderm considers its users' privacy to be of the utmost importance. Please see our Security and Privacy & Security Statement for a detailed description of our information gathering and dissemination practices for the Cyberderm.com Web site.
Cyberderm reserves complete and sole discretion with respect to the operation of Medical Messaging. Cyberderm may, among other things: (a) delete email if it has not been accessed by a User within the time established by Cyberderm's policies; (b) subject to Section 6, make available to third parties information relating to Cyberderm.com and Users; and (c) withdraw, suspend or discontinue any functionality or feature of Cyberderm.com.
Cyberderm may, in its complete and sole discretion, review uploaded files, conferences, forums, and chats and authorize restrictions on access thereto. Cyberderm will not review the contents of email except as required or allowed by applicable law or legal process.
Cyberderm at its discretion may preserve any and all email (including any and all files attached to or otherwise associated with that email), Medical Messaging, patient forms, or any other patient-submitted information. Notwithstanding the foregoing, you will not rely on Cyberderm to preserve any of your medical information and you agree to release Cyberderm from any liability that may arise from not preserving your medical information.
9. USER REPRESENTATIONS
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use Cyberderm.com in accordance with this Agreement. You agree to be financially responsible for your use of Cyberderm.com (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
You acknowledge that statements made in Web sites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors, and that forum managers, forum hosts, or Partners appearing on Cyberderm.com are not authorized Cyberderm spokespersons, and their views do not necessarily reflect those of Cyberderm.
The entire contents of Cyberderm.com are copyrighted as a collective work under the laws of United States and other copyright laws. Cyberderm holds the copyright in the collective work. The collective work includes works that are the property of the Information Providers, which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of Cyberderm.com solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from Cyberderm.com.
12. LICENSES AND IDEA SUBMISSIONS
You agree to grant to Cyberderm a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of Cyberderm.com (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against Cyberderm for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CYBERDERM, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, LICENSORS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' INTELLECTUAL PROPERTY RIGHTS, WHEREVER ARISING, OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING CYBERDERM.COM USING YOUR SERVICE ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.
14. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER CYBERDERM, INC., NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF CYBERDERM.COM. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST CYBERDERM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF CYBERDERM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF CYBERDERM.COM.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF CYBERDERM.INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, LICENSORS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL CYBERDERM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF CYBERDERM.COM ARE HEREBY EXCLUDED EVEN IF CYBERDERM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. THIRD PARTY RIGHTS
The provisions of paragraphs 13 (Indemnification) and 14 (Waiver, Release and Limitation of Liability) are for the benefit Cyberderm and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
16. TERM; TERMINATION
Either you or Cyberderm may terminate your right to use Cyberderm.com at any time, with or without cause, upon notice. Cyberderm also reserves the right to terminate or suspend your Cyberderm.com membership without prior notice, but Cyberderm will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 11 (Copyright), 12 (License, and Idea Submission), 13 (Indemnification), 14 (Waiver, Release and Limitation of Liability), 15 (Third Party Rights), and 17 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. You agree that any legal action or proceeding between Cyberderm and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Portland, Multnomah County, Oregon, United States. Any cause of action or claim you may have with respect to Cyberderm must be commenced within one (1) year after the claim or cause of action arises. Cyberderm's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right hereunder. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Cyberderm may assign its rights and duties under this Agreement to any party at any time without notice to you.
Cyberderm may deliver notice to you under this Agreement by means of electronic mail, a general notice on Cyberderm.com, or by written communication delivered by first class U. S. mail to your address on record in Cyberderm.com's account information. You may give notice to Cyberderm at any time via electronic mail to Cyberderm or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
350 Cottage Road South Portland, Maine 04106
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
Joel A. Sabean, M.D. MEDICAL AND COSMETIC DERMATOLOGY CENTER
350 Cottage Road
South Portland, ME 04106