The Shari Marchbein, M.D., P.C. website (the “Website” or the “Site”) is comprised of various web pages operated by Shari Marchbein, M.D., P.C. (the “PC”). is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. By using the Website you acknowledge that you have read the Terms and Conditions and the disclaimers contained herein and that you accept and agree to be bound by the terms hereof. You further agree not to email the PC or any of its physicians seeking medical advice or price quotes for medical services.
The Website is a professional online information and communications service Site, which provides “professional dermatology content” to users who wish to use the Website. HOWEVER, THS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. THE INFORMATION PROVIDED IN THE WEBSITE IS FOR EDUCATIONAL PURPOSES, IS NOT TO BE USED AS THE BASIS FOR TREATMENT OF ANY CONDITION OR ILLNESS, AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS CONTACT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED IN THE WEBSITE IS INTENDED OR IMPLIED TO BE FOR MEDICAL DIAGNOSIS OR TREATMENT. THE WEBSITE DOES NOT CONSTITUTE AN ATTEMPT TO PRACTICE MEDICINE NOR DOES IT ESTABLISH A DOCTOR-PATIENT OR HOSPITAL PATIENT RELATIONSHIP. WHILE THE WEBSITE ATTEMPTS TO REMAIN CURRENT, HEALTH CARE INFORMATION CHANGES RAPIDLY AND THUS THE WEBSITE SHOULD NOT BE RELIED UPON AS COMPREHENSIVE OR ERROR-FREE. THE WEBSITE RESERVES THE RIGHT TO CHANGE THIS DISCLAIMER OR OTHER TERMS AND POLICIES FROM TIME TO TIME. YOU SHOULD NOT USE ANY INFORMATION ON THE WEBSITE TO DIAGNOSE OR TREAT HEALTH PROBLEMS OR AS A SUBSTITUTE FOR A PHYSICIAN’S EXAMINATION AND ADVICE.
THE SITE IS NOT INTENDED TO CONSTITUTE THE DOING OF BUSINESS IN ANY JURISDICTION, NOR TO BE A SOLICITATION OF BUSINESS ANYWHERE ON BEHALF OF THE PC OR ANY OF ITS PHYSICIANS.
Visiting the Website or sending emails to the PC or Dr. Shari Marchbein constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
The PC and Dr. Shari Marchbein do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Website only with permission of a parent or guardian.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the PC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Site’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the PC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the PC or our licensors except as expressly authorized by these Terms.
USE OF COMMUNICATION PRODUCTS
The Site may contain bulletin, blogs, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or products for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The PC has no obligation to monitor the Communication Services. However, the PC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The PC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The PC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the PC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The PC does not control or endorse the content, messages or information found in any Communication Service and, therefore, the PC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized spokespersons for the PC or Dr. Shari Marchbein, and their views do not necessarily reflect those of the PC or Dr. Shari Marchbein.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO THE WEBSITE OR POSTED ON ANY WEB PAGE CONTAINED IN THE WEBSITE
The PC does not claim ownership of the materials you provide to the Website (including or post, upload, input or submit of applications to the Website or any associated products. However, by posting, uploading, inputting, providing, you are granting the PC and its affiliates all rights required.
No compensation will be paid with respect to the use of your information, as provided herein. The PC is under no obligation to post or use any information you may provide and may remove any information at any time in the PC’s sole discretion.
By posting, uploading, inputting, providing or submitting your information you warrant and represent that you own or otherwise control all of the rights to your information as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the information.
The Website is controlled, operated and administered by the PC within the United States of America. If you access the Service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Website or its Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless the PC, its officers, directors, shareholders, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or products, any user postings made by you, your violation of any of these Terms and Conditions or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The PC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the PC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association in New York, NY, under the Commercial Arbitration Rules, or a similar arbitration service selected by the PC, in New York, NY. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE PC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE PC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE PC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The PC reserves the right, in its sole discretion, to terminate your access to the Site and the related products or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms and Conditions are governed by the laws of United States of America and you hereby consent to the exclusive jurisdiction and venue of courts in United States of America in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the PC as a result of these Terms and Conditions or use of the Site. Nothing contained in these Terms and Conditions is in derogation of the PC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the PC with respect to such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
Unless otherwise specified herein, these Terms and Condtions constitute the entire understanding between the user and the PC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the PC with respect to the Site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
OTHER TERMS AND CONDITIONS
The PC does not operate, control or endorse any information, products or services on the Internet, including on the Site, in any way. The PC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses or code that could cause damage to your computer and the information and files contained within your computer. If you use the Site, you are responsible for taking steps necessary to protect your computer and the information on it, and for maintaining a means external to the Site for the reconstruction of any lost data.
The Site may provide links to sites operated by third parties. These links are not under the control of the PC and the PC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such site. The PC is not responsible for any webcasting or any other form of transmission received from any linked site. The PC provides these links merely as a convenience to you. The inclusion of any linked site on the Site does not imply endorsement by the PC of the site or the information, products or services contained on it.
CHANGES TO TERMS
The PC reserves the right, in its sole discretion, to change these Terms and Conditions. The most current version of the Terms and Conditions will supersede all previous versions. The PC encourages you to periodically review the Terms and Conditions to stay informed of our updates.