DERMA PRICE

Terms of Use

Effective Date: October 22, 2010

DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF USE.

By accessing or using this website, you are acknowledging that you have read, understand and agree, without limitation or qualification, to be bound by these Terms and Conditions of Use (“Terms of Use”).

PRIVACY

Please review our Privacy Policy, which also governs your visit to the website, so that you understand our privacy practices.

CONTENT

The content of this website including text, images, graphics and other information (“Content”) is for informational purposes only. The information provided on this website is not intended to be a substitute for diagnosis, treatment or medical advice from a qualified health care provider. The Content of this website should not be relied upon as a substitute for consultation with a qualified physician about the appropriateness or risks of a procedure or treatment in a given patient. You should not disregard medical advice or delay in seeking it because of information contained on this website. If you think you have a medical emergency you should call your physician or dial 911.

We expressly exclude any representation or warranty, express or implied, with respect to the information available on this website. We make no representation about any third-party websites that may be accessed via links from this website. By using this website, you agree that the law of the State of Florida, without regard to its conflict of laws principles, will govern all matters between you and us with respect to your use of this website.

AUTHORIZED AND PROHIBITED USES

You may download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable laws. Except as may otherwise be expressly authorized by these Terms of Use, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this website or the Content without our prior written permission. If this website permits the e-mailing of certain Content or a link through the use of an “e-mail to a friend” (or similar) icon, you may send that particular Content or link to others by e-mail, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this website or the Content.

The servers that host this website are located in the United States, and any personal details you provide us will be processed by us in the United States.

REGISTRATION AND PASSWORDS

At times, we may or may not require you to have a password and provide registration details to access this website or portions of this website. To the extent that we do require a password and registration details, the details you provide must be correct, current, and complete. If we believe that the details are not correct, current, and complete, we have the right to refuse you access to the website, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this website, and you are fully responsible for all activities that occur under your password(s). We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Debra Price, M.D., P.A., its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.

E- MAIL COMMUNICATIONS

E-mail communications are for appointment requests and general inquiries only and should not be used to send or request personal health information. Our physicians do not receive these e-mails and will not respond to them. We only periodically check user communications, (including e-mail, Facebook communications etc). We will not be responsible or liable under any circumstance for following up on e-mail communications.

ACCURACY OF INFORMATION

We attempt to be accurate when describing services, treatments, procedures, and products on the website; however, we do not warrant that the services, treatments, procedures, products, descriptions, Content, links or communications provided on or through the use of the website are accurate, complete, reliable, current or error-free.

USE OF CONTENT

We grant you limited, revocable and nonexclusive right to access and make personal use of the website for personal, non-commercial use. Content on the website, including but not limited to text, forms, images, graphics, videos and logos are the property of Debra Price, M.D. and Debra Price, M.D., P.A. and is protected by United States and international copyright laws. Trademarks not owned by us, our affiliates, our partners or our licensors that appear on the website are property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us. Except as otherwise provided in these Terms of Use, neither the Content, the trademarks, nor any portion of the website may be used, reproduced, duplicated, copied, sold, resold, modified or otherwise exploited, in full or in part, for any purpose without our prior written consent.

LINKS AND LINKING

This website may contain links to or from other websites as a service and convenience to our patients and other visitors to our website. These external links are created and maintained by other public and private organizations. We do not control or guarantee the accuracy, relevance, timeliness or completeness of information on these external websites. We are not responsible for the privacy practices of other websites.

Unless otherwise agreed upon between you and us, no link shall be made to any page of this website except a direct link to the top page (http://www.dermatologistmiami.com) without framing. In addition, any link to this website must be immediately followed by notice to Debra Price, M.D., P.A. via e-mail at administration@debrapricemd.com. Moreover, in the event Debra Price, M.D., P.A. deems your linking practices in relation to this website to be inappropriate, Debra Price, M.D., P.A. may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of Debra Price, M.D., P.A. relating thereto.

LIMITATION OF LIABILITY

Warranty Disclaimers. THIS WEBSITE, ITS Content, AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS Content, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitations on Liability and Remedies. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. OUR VENDORS AND WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH US. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY AND OUR VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THEN OUR MAXIMUM LIABILITY WILL BE LIMITED TO, IN OUR SOLE DISCRETION, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE Content OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE WE RECEIVED FROM YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Debra Price, M.D., P.A., its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this website, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this website.

JURISDICTION

With respect to any and all disputes arising out of or in connection with this website or these Terms of Use (including without limitation the Privacy Policy), you and we agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.

We have no obligation to become involved in any dispute between a user and any other person. This website, these Terms of Use and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law principles. We and you agree that all disputes arising under these Terms of Use shall be resolved by confidential binding arbitration administered by the American Arbitration Association (“AAA”) in Miami, Florida, or another forum mutually agreed upon by you and us, pursuant to the Commercial Arbitration Rules (“Rules”) of the AAA by a sole arbitrator nominated by agreement of you and us and confirmed in accordance with the Rules. If AAA is not hearing consumer commercial disputes at the time, we may select another arbitral body in our sole discretion. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that we are entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the Terms of Use of these Terms of Use pending a final arbitral decision.

GENERAL

You agree to comply with all applicable laws in connection with your use of this website. You agree to cooperate with all our reasonable requests and will notify us promptly upon learning of any actual or suspected breach of these Terms of Use by you or unauthorized use or abuse of this website.

You acknowledge and agree that these Terms of Use, together with our privacy policy, constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.

From time to time in connection with your use of and/or access to Content contained in certain areas of this website, it may be necessary for you to consent to policies or Terms of Use and conditions in addition to these Terms of Use. You should read carefully any such additional Terms of Use and conditions before making any use of such Content or areas of this website. Any such Terms of Use will not vary or replace these Terms of Use regarding any use of this website, unless otherwise expressly stated.

These Terms of Use and the Privacy Policy referenced herein constitute the complete agreement between you and us with respect to their subject matter and supersede any prior agreement or communication. These Terms of Use are subject to change from time to time. We will endeavor to post a notice of any changes to these Terms of Use for a period of thirty (30) days following any such modifications. Therefore, you are advised to review these Terms of Use occasionally, or at least every thirty (30) days. Your continued use of this website subsequent to our notice of modification of these Terms of Use shall constitute your acceptance of the modified Terms of Use. If any term or provision of these Terms of Use shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other Terms of Use or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and us shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use shall survive termination of any use by you of this website, any Content on this website, or these Terms of Use. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

If you have any questions regarding these Terms of Use, please contact us by email at
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Debra Price, M.D., P.A.
9060 SW 73rd Court
Miami, Florida 33156
Tel: 305 670 1111
Fax: 305 670 1110