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This Web site is provided by
Cyberderm.com.
BY ACCESSING OR USING CYBERDERM.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 CYBERDERM.COM.
CYBERDERM 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 CYBERDERM.COM SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. DISCLAIMER
The information contained in Cyberderm.com is presented for the purpose
of educating patients on overall health and disease management.
Nothing contained in Cyberderm.com is intended to be instructional for
medical diagnosis or treatment.
The information presented by Cyberderm.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 Cyberderm.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
Cyberderm.com.
The information contained in Cyberderm.com is compiled from a variety of
Information Providers. Neither Cyberderm nor Information Providers
directly or indirectly practice medicine or dispense medical services as
part of Cyberderm.com.
ALL SERVICES AND INFORMATION ARE PROVIDED "AS IS" AND CYBERDERM
DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE OR USE.
CYBERDERM 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. CYBERDERM AND
INFORMATION PROVIDERS CANNOT AND DO NOT WARRANT AGAINST HUMAN AND
MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING
LOSS OF DATA. CYBERDERM AND INFORMATION PROVIDERS CANNOT AND DO NOT
GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE
CYBERDERM.COM SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN
HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE
PROPERTIES. CYBERDERM AND INFORMATION PROVIDERS DO NOT WARRANT OR
GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED IN CYBERDERM.COM WILL
BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN CYBERDERM.COM WILL BE
CORRECTED. USERS OF CYBERDERM.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 CYBERDERM.COM FOR THE RECONSTRUCTION OF
ANY LOST DATA. WITHOUT LIMITING ANY OF THE FOREGOING, CYBERDERM AND
INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATION OR
WARRANTY REGARDING ANY BENEFIT, ECONOMIC, HEALTH-RELATED OR OTHERWISE,
THAT MIGHT BE OBTAINED THROUGH CYBERDERM.COM.
2. OTHER SITES AND SOURCES
You are encouraged to use discretion while browsing the Internet on
searches initiated at Cyberderm.com. Cyberderm.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.
CYBERDERM DOES NOT WARRANT THE ACCURACY, APPROPRIATENESS, OR QUALITY OF
ANY INFORMATION FROM THIRD PARTIES PRESENTED ON CYBERDERM.COM.
3. REVIEW OF POSTINGS & UPLOADS
Cyberderm does not and cannot review all communications and materials
posted or uploaded to Cyberderm.com and is not responsible for the
content of these communications and materials. However, Cyberderm
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 Cyberderm. 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, Cyberderm 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 Cyberderm.com in real time and to use the materials in
Cyberderm.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 Cyberderm.com ; (b) maintain the security of your user
identification, password and other confidential information relating to
your Cyberderm.com account; and (c) be responsible for all charges
resulting from use of your Cyberderm.com account, including unauthorized
use prior to your notifying Cyberderm 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 Cyberderm. Cyberderm
cannot and does not screen content provided by you to Cyberderm.com .
Notwithstanding the foregoing, Cyberderm reserves the right to monitor
content on Cyberderm.com and to remove content that Cyberderm.com, in
its sole discretion, determines to be harmful, offensive, or otherwise
in violation of this Agreement or Cyberderm's operating policies for
users of Cyberderm.com ("Users").
6.02 You may send and receive electronic mail ("email"), engage in
conferences and chats, download and upload files and otherwise use
Cyberderm.com as permitted by this Agreement, Cyberderm'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 Cyberderm.com area where your uploading or other
activity takes place (or by an individual designated by such forum
manager for such purpose). Cyberderm'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. Cyberderm 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
Cyberderm.com. You may not, under any circumstances, do any of the
following: (a) use simultaneous, unattended or continuous connections to
Cyberderm.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 Cyberderm.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 Cyberderm); (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 Cyberderm.com; (l) falsify the source or origin of
software or other material contained in a file that you upload to a
forum or Cyberderm.com; (m) use Cyberderm.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 Cyberderm.com, the User
directory or any portion thereof other than for personal, noncommercial
purposes (except as otherwise expressly permitted by Cyberderm); (o)
falsely purport to be an employee or agent of Cyberderm (p) cause
repeated disruptive incidents; or (q) act, or fail to act, in your use
of Cyberderm.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
Cyberderm to discourage Users from taking controversial positions or
expressing vigorously what may be unpopular views in Cyberderm.com,
nonetheless, Cyberderm reserves the right to take such action as it
deems appropriate in cases where Cyberderm.com is used to disseminate
statements that are deeply or widely offensive and/or harmful. Each time
you upload a file on Cyberderm.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
Cyberderm 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 Cyberderm.com
Web site.
8. OPERATION
Cyberderm reserves complete and sole discretion with respect to the
operation of Medical Messaging. Cyberderm may, among other things: (a)
delete email if it has not been accessed by a User within the time
established by Cyberderm's policies; (b) subject to Section 6, make
available to third parties information relating to Cyberderm.com and
Users; and (c) withdraw, suspend or discontinue any functionality or
feature of Cyberderm.com.
Cyberderm may, in its complete and sole discretion, review uploaded
files, conferences, forums, and chats and authorize restrictions on
access thereto. Cyberderm will not review the contents of email except
as required or allowed by applicable law or legal process.
Cyberderm 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
Cyberderm to preserve any of your medical information and you agree to
release Cyberderm 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 Cyberderm.com in accordance with this Agreement. You agree to be
financially responsible for your use of Cyberderm.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 Cyberderm.com are not authorized Cyberderm spokespersons,
and their views do not necessarily reflect those of Cyberderm.
11. COPYRIGHT
The entire contents of Cyberderm.com are copyrighted as a collective
work under the laws of United States and other copyright laws. Cyberderm
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 Cyberderm.com solely for your own non-commercial
use, unless otherwise permitted (e.g., in the case of electronic
coupons, etc). Any redistribution retransmission 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 Cyberderm.com.
12. LICENSES AND IDEA SUBMISSIONS
You agree to grant to Cyberderm a non-exclusive, worldwide,
royalty-free, perpetual license, with the right to sublicense, 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
Cyberderm.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 Cyberderm 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 CYBERDERM, 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 CYBERDERM.COM USING YOUR SERVICE ACCOUNT, WHETHER OR NOT
AUTHORIZED BY YOU.
14. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER CYBERDERM, INC., 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 CYBERDERM.COM. YOU HEREBY RELEASE AND
FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST CYBERDERM, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR
SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE
OF CYBERDERM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION
WITH YOUR USE OF CYBERDERM.COM.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF
CYBERDERM.INC, 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 CYBERDERM, 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 CYBERDERM.COM ARE HEREBY EXCLUDED EVEN IF CYBERDERM, 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 Cyberderm may terminate your right to use
Cyberderm.com at any time, with or without cause, upon notice. Cyberderm
also reserves the right to terminate or suspend your Cyberderm.com
membership without prior notice, but Cyberderm 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 Cyberderm must be commenced within
one (1) year after the claim or cause of action arises. Cyberderm'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.
Cyberderm may assign its rights and duties under this Agreement to any
party at any time without notice to you.
18. NOTICE
Cyberderm may deliver notice to you under this Agreement by means of
electronic mail, a general notice on Cyberderm.com, or by written
communication delivered by first class U. S. mail to your address on
record in Cyberderm.com's account information. You may give notice to
Cyberderm at any time via electronic mail to Cyberderm or by letter
delivered by first class postage prepaid U. S. mail or overnight courier
to the following address:
Cyberderm.Com
350 Cottage Road South Portland, Maine 04106
Attn: Controller
Electronic Mail: jsabean@Cyberderm.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. |
