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DermCareOnline.com
Medical Disclaimer Concerning Website Contents and User Agreement

PLEASE READ THIS AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE USING DERMCAREONLINE.COM (the "Website"). By accessing or using the Website, you agree that you are competent and of age to enter into this Agreement and to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not access or use the Website. Universal Derm Care Online, LLC, a Texas limited liability company ("DermCare"), may revise and update this Agreement at any time. Your continued usage of the Website constitutes your acceptance and agreement to any and all revisions and updates.

Legal Notice

All medical material on this Website is provided for informational purposes only and is neither medical advice nor a substitute for proper medical care. Patients should consult a qualified healthcare professional who can physically examine them and assess individual history in order to properly address individual concerns.

If you think you have a medical emergency, call your doctor or 911 immediately.

The Website may contain health-related or medical-related materials that are explicit. If you find these materials offensive, you may not want to use this Website.

Medical Disclaimer Concerning Website Contents

The information contained in this Website is intended to provide accurate and helpful dermatological informationfor the general public. The information is made available with the understanding that none of DermCare, its principals, the author or publisher are engaged in rendering medical, health, or any other kind of personal professional services on this Website. The information should not be considered complete and does not cover all dermatological conditions or their treatment. It should not be used in place of a call or visit to a medical, health or other competent professional, who should be consulted before adopting any of the suggestions in this Website or drawing inferences from it.

[DermCare does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by DermCare, DermCare employees, others appearing on the Website at the invitation of DermCare, or other visitors to the Website is solely at your own risk.

The information about drugs contained on this Website is general in nature. It does not cover all possible uses, actions, precautions, side effects, or interactions of the medicines mentioned, nor is the information intended as medical advice for individual problems or for making an evaluation as to the risks and benefits of taking a particular drug.

DermCare and any operator(s) of this Website specifically disclaim all responsibility for any liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any of the material on this Website.

[DermCare is committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.]

NO PATIENT INFORMATION, OTHER THAN THE TESTIMONIALS WHICH ARE PUBLISHED WITH PERMISSION FROM THE PATIENTS ARE AVAILABLE ON THIS WEBSITE.

No Warranties

Although it is believed that the information on this Website is accurate and timely in all material respects, because of the rapid advances in the field of dermatology and the reliance on information provided by outside sources, DermCare makes no warranty or guarantee (express or implied) concerning the accuracy or reliability of the content on this Website or other websites to which it links. When clinical matters are discussed on this Website, the opinions presented are those of the author only. The material discussed on the Website is not intended to present the only or necessarily the best dermatological method or procedure, but rather presents the approach or opinion of the author.

This Website and the information, software and other material available on or accessible from this Website is provided on an "as is" and "as available" basis without warranties of any kind, expressed or implied, including but not limited to warranties of title, non infringement or implied warranties of merchantability or fitness for a particular purpose. When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of DermCare and its affiliates. Accordingly, DermCare does not warrant and assumes no liability for or related to the Website service being uninterrupted or error free or that any information, software or other material available on or accessible through the Website is free of viruses, worms, trojan horses or other harmful components.

No Liability or Other Damages

Under no circumstances shall DermCare be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from an individual's use of or inability to use this Website, reliance on or use of the information, services or merchandise provided on or through this Website, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance. DermCare specifically disclaims any and all liability for injury and/or other damages that result from an individual using techniques discussed on the Website, whether a physician or any other person asserts these claims.

User Agreement

  1. DermCare is accessible to anyone with Internet access. Access to and use of the Website is subject to the terms and conditions of this User Agreement (this "User Agreement") and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THIS WEBSITE, USERS ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. DermCare and its affiliates reserve the right to change these terms and conditions at any time. The changes will appear on this screen. By using this Website, users agree in advance to accept any changes.
  2. The materials used and displayed on the Website, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks and service marks (collectively, the "Content"), are the property of DermCare or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such Content may be displayed solely for a user's personal, non-commercial use only if the following copyright notice is included: "Copyright © to 2008, Universal Derm Care Online, LLC. All rights reserved.” Users must also include all other copyright and proprietary rights notices that are contained in the Content. Users agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of the Content without the written permission of DermCare or the appropriate affiliate or licensor. Any special rules for the use of certain software and other items accessible on the Website may be included elsewhere within the Website and are incorporated into this Agreement by reference. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with DermCare or its licensors. Any use of the Content not expressly permitted by this Agreement is a breach of this User Agreement and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice in the editorial discretion of DermCare. All rights not expressly granted herein are reserved to DermCare and its licensors. If users violate any of the terms and conditions contained herein, such user's permission to use the Content automatically terminates and such user must immediately destroy any copies such user has made of any portion of the Content.
  3. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting DermCare's copyright agent and providing the following information: (a) identification of the copyrighted work that you believe to be infringed, including a description of the work and where possible a copy of the location (e.g., URL) of anauthorized version of the work; (b) identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow DermCare to locate the material; (c) your name, address, telephone number and (if available) e-mail address; (d) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) a signature or the electronic equivalent from the copyright holder or authorized representative. DermCare's copyright agent for copyright issues relating to this Website is
  4. The Website contains information, facts and opinions from various individuals and organizations. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS. DERMCARE, ITS AFFILIATES AND LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DERMCARE NOR ITS AFFILIATES OR LICENSORS ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE. Without limiting the foregoing, DermCare, its affiliates and licensors make no representations or warranties about the following: a) the accuracy, reliability, completeness, currentness, or timeliness of the Content, or communication provided on or through the use of the Website or DermCare, and b) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Website. The information, facts, and opinions provided are no substitute for professional advice. Always consult a primary care physician for any medical advice, diagnosis, or treatment and before undertaking a new diet or exercise plan. This Website is for informational purposes and should be used in conjunction with health care professionals and physical examinations.
  5. The Website includes areas which allow users and subscribers to post information ("Public Areas"). Users agree not to: (a) post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law; (b) upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Website; (c) post any advertisements or solicitations of business, chain letters or pyramid schemes, or to post the same note more than once (i.e. "spamming"); (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) after receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless the discussion is clearly free-form); (f) allow any other person or entity to use their identification for posting or viewing comments; and/or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Public Areas or the Website, or which, in the sole discretion of DermCare, exposes DermCare or any of its affiliates, agents and representatives to any liability or detriment of any type. Users will be responsible for, and indemnify and hold harmless DermCare, its affiliates, agents and representatives from and against any and all claims and expenses, including attorneys' fees, arising from any material that such user’ post or transmit or any other use of the Website by such users. Although DermCare and its affiliates may from time to time monitor or review postings, transmissions, blogs and other user and member/subscriber generated pages on the Website, neither DermCare nor its affiliates are under any obligation to do so. Users acknowledge that DermCare and its affiliates do not control the information available on blogs and third party newsletters or websites and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated through any such forum or other user or member generated pages are those of their respective authors who are solely liable for their content. Users should be aware that if they voluntarily disclose personal information (e.g., user name, email address) on a blog or on any other user or member/subscriber generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties. DermCare and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the blogs, or on any other user or member/subscriber generated pages.
  6. Use of the Website is at the user's own risk. NEITHER DERMCARE NOR ANY OF ITS AFFILIATES, DIVISIONS, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO A USER OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF THEIR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE AND THE INFORMATION AVAILABLE THROUGH THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF OR IN RELIANCE ON ANY INFORMATION AVAILABLE THROUGH THE WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST DERMCARE AND ITS AFFILIATES, DIVISIONS, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF USE OF THE WEBSITE AND THE INFORMATION AVAILABLE THEREON.
  7. [The personal information users submit to DermCare is governed by the DermCare Privacy Policy. To the extent there is an inconsistency between this Usher Agreement and the DermCare Privacy Policy, this User Agreement shall govern. Users agree not to upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content, including but not limited to, any business information, idea, concept or invention, users agree that such submission is non-confidential for all purposes. By submitting communications, content, personal information or pictures, users automatically grant or warrant that the owner of the content or intellectual property has expressly granted DermCare a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication, content, personal information or pictures in any media or medium, or any form, format, or forum now known or hereafter developed. DermCare may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any information, ideas, concepts or inventions private or proprietary, do not submit them to a Public Area or to DermCare by email or otherwise. DermCare tries to answer every email in a timely manner, but is not always able to do so and is under no obligation to do so.]
  8. [Users agree to only post or upload media (such as photos, videos or audio) that users have taken themselves or to which users have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner. Users agree not to submit any media that contains personally identifiable information (such as a name, phone number, email address or web site URL) of themselves or of anyone else. Uploading media such as images or video of other people without their permission is strictly prohibited. By uploading any media on the Website, Users warrant that they have permission from all persons appearing in such media to do so. Never post a picture or video of or with someone else unless you have their explicit permission. By uploading any media such as photos or videos: (a) the user grants DermCare a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) the user certifies that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes DermCare to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) the user agrees to be responsible for, and indemnify and hold harmless DermCare, its affiliates, agents and representatives from and against any and all claims and expenses, including attorneys' fees, arising from the media and/or the user's failure to comply with these the terms described in this Agreement. DermCare and its affiliates retain the right to edit, copy, publish and distribute any information or content posted or transmitted for specified purposes upon obtaining permission from the user.]
  9. DermCare has several tools that allow users to record and store information. Users are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their passwords or accounts. It is the sole responsibility of the user to: (a) control the dissemination and use of activation codes and passwords; (b) authorize, monitor, and control access to and use of such user’s account and password; and (c) promptly inform DermCare of any need to deactivate a password. Users grant DermCare and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use user information in connection with the operation of the Website. DermCare cannot and does not assume any responsibility or liability for any information users submit, or users or third parties' use or misuse of information transmitted or received using DermCare tools and services.
  10. DermCare and its affiliates do not review or monitor any websites linked to the Website and are not responsible for the content of any such linked websites. Use of such websites is at a user's own risk. Users acknowledge that the use of any advice, opinion, recommendation, statement or other information displayed, linked to, or distributed through the Website is at a users own risk. Prior to purchasing any third party products or services described on the Website, users are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither DermCare nor its affiliates, agents, representatives or licensors shall have any liability arising from a user's purchase of third party products or services based upon the information provided through the Website.
  11. The following Sections shall survive the expiration or termination of this User Agreement: Sections 4, 5, 6, 7, 8, 9 and 10.
  12. This User Agreement and any disputes arising out of or related to the Website shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas. The user hereby submits to the exclusive jurisdiction of the state or federal courts with a situs in Harris County, Texas with respect to any dispute arising out of or in connection with this User Agreement or the Website.
  13. Except as expressly provided in a particular "legal notice" on the Website, this User Agreement, the DermCare Privacy Policy and the DermCare Web Medical Advise Disclaimer constitute the entire agreement between the user and DermCare with respect to the use of the Website and the Content.