Disclaimer

DISCLAIMER
purelyskin4me.com Terms of Service Agreement for Patients

This Web site is provided by purelyskin4me.com.

BY ACCESSING OR USING PURELYSKIN4ME.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 PURELYSKIN4ME.COM.

PURELY SKIN, PLLC 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 PURELYSKIN4ME.COM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. DISCLAIMER
The information contained in Purelyskin4me.com is presented for the purpose of educating patients on overall health and disease management.

Nothing contained in Purelyskin4me.com is intended to be instructional for medical diagnosis or treatment.

The information presented by Purelyskin4me.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 Purelyskin4me.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 Purelyskin4me.com.

The information contained in Purelyskin4me.com is compiled from a variety of Information Providers. Neither Purely Skin, PLLC nor Information Providers directly or indirectly practice medicine or dispense medical services as part of Purelyskin4me.com.

ALL SERVICES AND INFORMATION ARE PROVIDED “AS IS” AND PURELY SKIN, PLLC DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE OR USE.

PURELY SKIN, PLLC AND PURELYSKIN4ME.COM 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. PURELY SKIN, PLLC AND PURELYSKIN4ME.COM AND INFORMATION PROVIDERS CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. PURELY SKIN, PLLC AND PURELYSKIN4ME.COM AND INFORMATION PROVIDERS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE PURELYSKIN4ME.COM SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. PURELY SKIN, PLLC AND PURELYSKIN4ME.COM AND INFORMATION PROVIDERS DO NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED IN PURELY SKIN AND PURELYSKIN4ME.COM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN PURELYSKIN4ME.COM WILL BE CORRECTED. USERS OF PURELYSKIN4ME.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 PURELYSKIN4ME.COM FOR THE RECONSTRUCTION OF ANY LOST DATA. WITHOUT LIMITING ANY OF THE FOREGOING, PURELY SKIN, PLLC AND PURELYSKIN4ME.COM AND INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING ANY BENEFIT, ECONOMIC, HEALTH-RELATED OR OTHERWISE, THAT MIGHT BE OBTAINED THROUGH PURELYSKIN4ME.COM.

2. OTHER SITES AND SOURCES
You are encouraged to use discretion while browsing the Internet on searches initiated at Purelyskin4me.com. Purelyskin4me.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.

PURELY SKIN, PLLC AND PURELYSKIN4ME.COM DOES NOT WARRANT THE ACCURACY, APPROPRIATENESS, OR QUALITY OF ANY INFORMATION FROM THIRD PARTIES PRESENTED ON PURELYSKIN4ME.COM.

3. REVIEW OF POSTINGS & UPLOADS
Purely Skin, PLLC and Purelyskin4me.com does not and cannot review all communications and materials posted or uploaded to Purelykin4me.com and is not responsible for the content of these communications and materials. However, Purelyskin4me.com 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 Purelyskin4me.com. 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, Purelyskin4me.com 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 Purelyskin4me.com in real time and to use the materials in Purelyskin4me.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 Purelyskin4me.com ; (b) maintain the security of your user identification, password and other confidential information relating to your Purelyskin4me.com account; and (c) be responsible for all charges resulting from use of your Purelyskin4me.com account, including unauthorized use prior to your notifying Purelyskin4me.com 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 Purelyskin4me.com. Purelyskin4me.com cannot and does not screen content provided by you to Purelyskin4me.com . Notwithstanding the foregoing, Purelyskin4me.com reserves the right to monitor content on Purelyskin4me.com and to remove content that Purelyskin4me.com, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or Purelyskin4me.com’s operating policies for users of Purelyskin4me.com (“Users”).

6.02 You may send and receive electronic mail (“email”), engage in conferences and chats, download and upload files and otherwise use Purelyskin4me.com as permitted by this Agreement, Purelyskin4me.com’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 Purelyskin4me.com area where your uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). Purelyskin4me.com’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. Purelyskin4me.com 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 Purelyskin4me.com. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to Purelyskin4me.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 Purelyskin4me.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 Purelyskin4me.com); (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 Purelyskin4me.com; (l) falsify the source or origin of software or other material contained in a file that you upload to a forum or Purelyskin4me.com; (m) use Purelyskin4me.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 Purelyskin4me.com, the User directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by Purelyskin4me.com); (o) falsely purport to be an employee or agent of Purelyskin4me.com (p) cause repeated disruptive incidents; or (q) act, or fail to act, in your use of Purelyskin4me.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 Purelyskin4me.com to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in Purelyskin4me.com, nonetheless, Purelyskin4me.com reserves the right to take such action as it deems appropriate in cases where Purelyskin4me.com is used to disseminate statements that are deeply or widely offensive and/or harmful. Each time you upload a file on Purelyskin4me.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.

7. PRIVACY POLICY
Purelyskin4me.com 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 Purelyskin4me.com Web site.

8. OPERATION
Purelyskin4me.com reserves complete and sole discretion with respect to the operation of Medical Messaging. Purelyskin4me.com may, among other things: (a) delete email if it has not been accessed by a User within the time established by Purelyskin4me.com’s policies; (b) subject to Section 6, make available to third parties information relating to Purelyskin4me.com and Users; and (c) withdraw, suspend or discontinue any functionality or feature of Purelyskin4me.com.

Purelyskin4me.com may, in its complete and sole discretion, review uploaded files, conferences, forums, and chats and authorize restrictions on access thereto. Purelyskin4me.com will not review the contents of email except as required or allowed by applicable law or legal process.
Purelyskin4me.com 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 Purelyskin4me.com to preserve any of your medical information and you agree to release Purelyskin4me.com 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 Purelyskin4me.com in accordance with this Agreement. You agree to be financially responsible for your use of Purelyskin4me.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.

10. CONTENT
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 Purelyskin4me.com are not authorized Purelyskin4me.com spokespersons, and their views do not necessarily reflect those of Purelyskin4me.com.

11. COPYRIGHT
The entire contents of Purelyskin4me.com are copyrighted as a collective work under the laws of United States and other copyright laws. Purelyskin4me.com 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 Purelyskin4me.com solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution, re-transmission 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 Purelyskin4me.com.

12. LICENSES AND IDEA SUBMISSIONS
You agree to grant to Purelyskin4me.com a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sub-license, 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 Purelyskin4me.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 Purelyskin4me.com for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

13. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PURELYSKIN4ME.COM, 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 PURELYSKIN4ME.COM USING YOUR SERVICE ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.

14. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER PURELY SKIN, PLLC, PURELYSKIN4ME.COM, 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 PURELYSKIN4ME.COM. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST PURELYSKIN4ME.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF PURELYSKIN4ME.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF PURELYSKIN4ME.COM.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF PURELY SKIN, PLLC, 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 PURELY SKIN, PLLC AND/OR PURELYSKIN4ME.COM, 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 PURELYSKIN4ME.COM ARE HEREBY EXCLUDED EVEN IF PURELY SKIN, PLLC AND / OR PURELYSKIN4ME.COM, 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 Purely Skin, PLLC may terminate your right to use Purelyskin4me.com at any time, with or without cause, upon notice. Purely Skin, PLLC also reserves the right to terminate or suspend your Purelyskin4me.com membership without prior notice, but Purely Skin, PLLC 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.

17. MISCELLANEOUS
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 Purely Skin, PLLC must be commenced within one (1) year after the claim or cause of action arises. Purely Skin PLLC’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. Purely Skin, PLLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

18. NOTICE
Purely Skin, PLLC may deliver notice to you under this Agreement by means of electronic mail, a general notice on Purelyskin4me.com, or by written communication delivered by first class U. S. mail to your address on record in Purelyskin4me.com’s account information. You may give notice to Purely Skin, PLLC at any time via electronic mail to Purely Skin, PLLC or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

Purelyskin4me.com
350 Cottage Road South Portland, Maine 04106
Attn: Controller

Electronic Mail: michelle@purelyskin4me.com

19. SEVERABILITY
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
207-767-2146
Fax: 207-799-1858
info@purelyskin4me.com