Terms + Conditions of Use
- Acceptance of this Agreement
- No Physician-Patient Relationship
- Minor’s Use of Site
- Privacy Statement and Use of Non-Personally Identifiable Health Information
- Proprietary Rights
- Term and Termination of this Agreement
- Links; Interaction with Advertisers
- Disclaimers of Warranty
- Limitation of Damages and Liability
- General Provisions
Welcome. We are pleased to welcome you to www.manhattandermatology.com – a website (“Site”) brought to you by Ashley Magovern, M.D., Inc., d/b/a Manhattan Dermatology (referred to herein as “Manhattan Dermatology”). As a user of this Site (“Site User”), you can access a variety of information about general, cosmetic and pediatric dermatology services, resources and issues.
1. Acceptance of this Agreement. Your use of the Site is subject to the following covenants, conditions and restrictions as they may be modified or supplemented from time to time by Manhattan Dermatology (the “Agreement”). BY USING THIS SITE, YOU ARE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR WILLINGNESS TO BE BOUND BY ALL OF ITS TERMS AS THEY MAY BE CHANGED FROM TIME TO TIME BY MANHATTAN DERMATOLOGY. YOUR USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT, INCLUDING ANY AND ALL MODIFIED OR NEW TERMS. IF, AT ANY TIME, YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OR CONTINUE TO USE THE SITE, AND MUST SIGNIFY YOUR NON-ACCEPTANCE OF THIS AGREEMENT BY DISCONTINUING YOUR USE OF THE SITE.
2. No Physician-Patient Relationship. Manhattan Dermatology provides medical and health information and resources to its Site Users, including information about different treatments, services and products. This information is intended to assist Site Users in their general research needs, and is not intended to be a substitute for consultation with qualified health care professionals who are familiar with an individual’s individual medical needs. Never delay in seeking professional medical advice because of something you have read on the Manhattan Dermatology website. By making medical and health information and resources available to you, you agree that Manhattan Dermatology is not undertaking to diagnose, treat or render medical advice to you, and you further agree that no physician-patient relationship is created by your use of this Site. Reliance on any information provided on the Manhattan Dermatology website is solely at your own risk.
If you think you have a medical emergency, call your doctor or 911 immediately.
3. Minor’s Use of Site. Manhattan Dermatology highly recommends that parents and guardians spend time with their minor children when they are online and viewing Manhattan Dermatology content. Parents and guardians are encouraged to pre-screen any information submitted by their children to any website including this Site. If a person indicating that he or she is under 18 submits an email to Manhattan Dermatology to make an appointment, sign up for a newsletter or obtain additional information about Manhattan Dermatology services, Manhattan Dermatology may decide, in its sole discretion, to condition use of such information and/or content on Manhattan Dermatology’s receipt of parental consent. For more information, please see the Manhattan Dermatology Privacy Statement.
4. Privacy Statement and Use of Non-Personally Identifiable Health Information. Before accepting this Agreement, please review the Manhattan Dermatology Privacy Statement by clicking on the hyperlink at the bottom of this page. You understand and agree that in accordance with the terms of Manhattan Dermatology’s Privacy Statement, Manhattan Dermatology may use and disclose any and all health-related information and data that does not include any information about you that is personally identifiable. Similarly, you understand and agree that any use or disclosure by Manhattan Dermatology of information about you that is not health-related, also will be subject to the Manhattan Dermatology Privacy Statement. You hereby authorize the uses and disclosures of all such information as outlined in the Privacy Statement, and represent and warrant that Manhattan Dermatology shall be entitled to rely on this authorization in making the foregoing disclosures without obtaining any additional authorization from you. To the extent you provide to Manhattan Dermatology any “protected health information,” as such term is defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), please see our “Notice of Privacy Practices.”
A. Reservation of Rights by Manhattan Dermatology. You acknowledge and agree that Manhattan Dermatology reserves all of its rights in, title to, and ownership of its intellectual and other properties, and that the authorization given to you to access and use this Site as set forth in this Agreement does not constitute a sale, grant, license, or other transfer of any ownership rights, title, or interests in, or any rights to control the disposition of, any Manhattan Dermatology property, and that Manhattan Dermatology is and at all times shall remain the sole and exclusive owner of all of its properties, which include, without limitation, the Site name, design, functionality, look and feel, graphics, audio and video content, informational content, forms, newsletters, original e-mails authored by Manhattan Dermatology or its agents or representatives, pictorial content, logos, trade secrets, trademarks, service marks, tradenames, service names, software, object codes, source codes, algorithms, formulas, patterns, compilations, programs, designs, devices, methods, techniques, prototypes and processes, as recorded on the original media and all subsequent copies of thereof, regardless of the form or media in which or on which the original and other copies may exist (the “Manhattan Dermatology Property”).
B. Protection of Manhattan Dermatology Property. All Manhattan Dermatology Property is protected by state laws, the laws of the United States, and other countries, and as well by international treaties. Authorizations provided to you hereunder do not constitute an authorization or consent to infringe any patent, copyright or other interest under any state or United States law, or any foreign equivalent thereof. You agree not to infringe upon any of Manhattan Dermatology’s rights in the Manhattan Dermatology Property. Without limiting the generality of the foregoing obligation, you agree not to decompile, reverse engineer, disassemble, or otherwise reduce Manhattan Dermatology software to a human-perceivable form, and further agree not to obtain, possess, disclose, or commercially use or exploit Manhattan Dermatology Property in any way not explicitly provided for in this Agreement. You agree not to sell, resell, possess, exploit or otherwise retain a benefit, commercial or otherwise, from transferring, distributing, licensing, performing or disposing of any Manhattan Dermatology Property or services to other persons or entities. You agree not to use, copy, modify, edit, adapt, reproduce, republish, upload, transmit, communicate, translate, rent, lease, license, loan, timeshare, sell or resell, assign, transfer, sub-license, distribute, publicly perform, publicly display, digitally perform, or create derivative works from, directly or indirectly, in whole or in part, any Manhattan Dermatology Property or services, whether obtained through the Site or otherwise, including any of its content, code, graphics or software, except as expressly authorized in this Agreement. The provisions of this Agreement regarding Manhattan Dermatology property will survive any termination of this Agreement or your right to use the Site.
C. Limited License. Manhattan Dermatology grants you a limited, revocable license to copy Manhattan Dermatology Property into your computer or computers for personal use, and to make one copy of any portion of the Manhattan Dermatology Property for emergency re-start or reference purposes, provided that all copyright and other proprietary notices are kept intact, and without the right to sub-license or otherwise transfer your rights hereunder. You agree not to use any of the Manhattan Dermatology Property except as expressly authorized in accordance with this Agreement.
D. Remedies. You acknowledge and agree that Manhattan Dermatology’s remedy at law for a breach or threatened breach of any of the provisions set forth in this paragraph 5 would be inadequate and, in recognition of that fact, in the event of a breach or threatened breach of these provisions, Manhattan Dermatology shall be entitled to, without posting any bond, and you agree not to oppose any request for, equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may be available. Nothing herein shall be construed as prohibiting Manhattan Dermatology from pursuing any other remedies available to Manhattan Dermatology for such breach or threatened breach until any such injunction is granted.
A. Term. This Agreement is effective upon entering Site, and shall remain in effect until it is terminated in accordance with this Agreement.
B. Immediate Termination of Agreement. This Agreement will terminate immediately and automatically upon your infringement of any of Manhattan Dermatology’s Property, as outlined above, or if you violate, or fail to comply with, any of the requirements or terms of this Agreement.
C. Survival of Obligations Following Termination. Termination of this Agreement shall not affect any right, remedy or relief Manhattan Dermatology may have, either at law or in equity. The provisions of this Agreement regarding Manhattan Dermatology Property, indemnification, disclaimers, limitations on liability, jurisdiction and arbitration will survive any termination of this Agreement or your right to use the Site.
7. Links; Interaction with Advertisers. The Site may contain hyperlinks to other web sites. Manhattan Dermatology offers these links as a courtesy and convenience to you. These sites may gather cookies or otherwise collect personal information about you. Manhattan Dermatology is not responsible for the privacy practices or the content or accuracy of the information contained on these other sites, nor are these other sites covered by this Agreement or the Manhattan Dermatology Privacy Statement. If you decide to navigate third-party sites by utilizing the links on the Site, you do so at your own risk. Unless Manhattan Dermatology specifically states otherwise, Manhattan Dermatology is not endorsing the information, materials, products, services or opinions contained on these third-party sites. Any transactions you enter into with these sites is solely between you and the site. Under no circumstances shall Manhattan Dermatology be considered a party to any transactions you enter into with these third-party sites. To protect your rights and interests, please review the terms and conditions and privacy statements of these third-party websites.
Manhattan Dermatology may contain advertisements created by third parties. Manhattan Dermatology is not responsible for the content or accuracy of these advertisements, nor is it responsible for the privacy and data collection policies of its advertisers. Unless Manhattan Dermatology specifically provides otherwise, Manhattan Dermatology does not endorse, sponsor or make any other representation about any of the products or services advertised on the Site.
8. Disclaimer of Warranties. MANHATTAN DERMATOLOGY OPERATES THE SITE AND PROVIDES ALL SERVICES AND INFORMATION “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MANHATTAN DERMATOLOGY AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND REPRESENTATIVES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, Manhattan Dermatology does not warrant any of the following: (a) continuous, compatible, uninterrupted, error-free or secure access to the Site, (b) that material contained on the Site is correct, verified, accurate, complete, timely or otherwise reliable, (c) that the goods, products, services or information provided by or obtained through the Site or the Program will meet your needs or expectations or will otherwise be fit for any particular purpose, or (d) that the goods, products, services provided by or obtained through the Site or the Program will be free of any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree that if you utilize information, goods, products or services from the Site, you do so at your own risk. You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth in these Agreement. Some jurisdictions do not allow the disclaimer of certain warranties. As a result, some of the above disclaimers may not apply to you.
9. Limitation of Damages and Liability. IN NO EVENT SHALL MANHATTAN DERMATOLOGY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, LOST PROFITS OR LOST SAVINGS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE OR ANY INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE OR FROM ANY OTHER COMPANY (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some jurisdictions do not allow the limitation of certain damages or liabilities. As a result, some of the above limitations may not apply to you.
10. Indemnification. You agree to indemnify, defend and save harmless Manhattan Dermatology, its shareholders, directors, officers, employees, agents, affiliates and representatives from and against any and all claims, actions, suits, proceedings, demands, damages, liabilities and settlements, including, without limitation, reasonable defense costs and legal fees, that are alleged to result or result from (a) your breach of this Agreement (including, but not limited to, infringement of third parties’ worldwide intellectual property rights, privacy rights or other proprietary rights), and (b) your use of the Site, its information or services, your inability to use the Site, its information or services, and your use of any other Manhattan Dermatology services.
A. Notice of Infringement. Pursuant to 17 U.S.C. § 230, as amended by Title II of the Digital Millennium Copyright Act, you agree to send all notices of alleged or claimed infringement to Manhattan Dermatology, 400 S Sepulveda Blvd, Suite 205,s Manhattan Beach, CA 90266, phone: 310.546.1188, fax: 310.546.1189.
B. Governing Law. This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and wholly performed within California between California residents. If you access this site from outside of California, you agree that your use shall be governed by and construed in accordance with the laws of the State of California. Both parties submit to jurisdiction in the state of California. The parties expressly exclude the application of the 1980 United Nations Convention on the Internal Sale of Goods (when and if applicable).
C. Access Outside the United States. Manhattan Dermatology does not warrant or represent that the materials, information or services contained on the Site are available or otherwise appropriate for use outside the United States. If you access the Site from outside the United States, you agree that you are responsible for complying with all foreign and local rules regarding online content, conduct and the transmission of data. You further agree to comply with any and all export or re-export restrictions. If you download Site content or otherwise transmit technical data from the United States, you warrant to Manhattan Dermatology that you are not located in a country where exporting or downloading such materials is prohibited.
D. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach hereof shall be settled by binding arbitration in accordance with the rules of commercial arbitration of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall occur in Los Angeles, California, unless the parties mutually agree to hold such proceeding in another locale. The arbitrator(s) may award attorneys’ fees and costs to the prevailing party in any such proceeding. The parties may conduct all discovery permitted under California law.
E. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way, unless such construction would defeat an essential purpose of this Agreement.
F. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators and successors.
G. Headings. Section headings are inserted herein solely for the purpose of convenience of reference and shall not be construed as being a part of this Agreement.
H. Waiver. Waiver by either party to enforce any of the provisions, terms, conditions, or obligations of this Agreement must be in writing. No such waiver shall be construed as a waiver of any succeeding breach of such provision or a waiver of the provision itself. No extension of time for performance of any obligations or acts hereunder shall be deemed an extension of the time for performance of any other obligations or acts.
I. Notice. All notices, requests, demands, and other communications required to or permitted to be given under this Agreement shall be in writing and shall be conclusively deemed to have been duly given: (a) upon personal delivery; (b) if sent by fax, upon confirmation of receipt of fax; (c) if by e-mail, upon receipt by sender of a confirmation of delivery; (d) if by certified mail, postage prepaid, three days after date of mailing; or (e) if sent by way of a national overnight delivery service, charges prepaid, the next day, provided that the sending party receives confirmation of delivery from the delivery service provider.
J. Entire Agreement. This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous, oral or written negotiations, understandings and amendments.
K. Modification of Agreement. You agree that Manhattan Dermatology may modify or supplement the Agreement from time to time without giving you any notice other than posting the modified or supplemented Agreement on the Site. You agree that it is your responsibility to review the Agreement on the Site regularly to stay apprised of any modifications or supplements that Manhattan Dermatology may make. For purposes of this Agreement, “you” means and includes you, your agents and employees, and any other persons or entities who or which are lawfully subject to your direction or control.