Privacy Policy

AGREEMENT BETWEEN USER AND IDEALSKIN.COM

These terms of use are an agreement between IDEALSKIN.COM and users of its website ("you" or "user"). This agreement (the "Agreement") also governs your use of the products and services made available to you by IDEALSKIN.COM through its website (the "Website"). By clicking on the button below marked "I Accept" or using the Website, you acknowledge that you have reviewed and agree to all of the provisions, disclosures and disclaimers in this Agreement. IDEALSKIN.COM reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to you.

As you use the Website, you will encounter windows and hyperlinks that take you to web pages or websites of other companies with which we contract, either to make their products and services available to you or to enable you to communicate directly with those companies. Your use of such web pages or websites, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such web page or website. Where such web page or website contains terms, conditions, policies, notices or disclaimers prepared by IDEALSKIN.COM related to the use of our Website or other web pages, or websites accessed through our Website, such terms, conditions, policies, notices or disclaimers are incorporated by reference into this Agreement whether or not any such term, condition, policy, notice, or disclaimer is referenced below. You acknowledge that you are aware of and accept the terms and conditions of IDEALSKIN.COM's Privacy Policy and Community Use Policy.

EMERGENCY MEDICAL CONDITIONS

DO NOT USE THIS SITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER. RESTRICTED TO ADULTS

You must be at least 18 years of age to use IDEALSKIN.COM. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to IDEALSKIN.COM by minors in your family or (ii) having access to your computer or login limited to the extent necessary to restrict use to adults.

OUR STAFF

Our staff includes, in part, physicians and other health care professionals (collectively, the "Professional Staff"). None of our physicians or other employees of idealskin.com or kenneth beer,md, pa will enter into a physician-patient relationship with you, and no other Professional Staff will establish any clinical relationship with you. They can assist you in your personal, general research but they will not engage in any conduct that involves the practice of medicine or other health care profession. The information you obtain from IDEALSKIN.COM should not substitute for or be used instead of a clinical or therapeutic relationship with a health care professional.

The Professional Staff will not create or retain any medical records about you or monitor your care. Our Professional Staff should not be considered to be your treating or care giving health care professional and will not communicate with your own health care provider. Consequently, the information you obtain from IDEALSKIN.COM should not substitute or be used instead of a relationship with a health care professional. All users are encouraged to seek the advice of, and regularly consult with, physicians and other health care professionals of their selection. IDEALSKIN.COM does not clinically evaluate or perform credentialing of the Professional Staff, because the Professional Staff are not practicing medicine or providing medical advice, prescriptions or opinions about individual-specific treatment matters. Thus, our internal policy that each physician member of our Professional Staff be "Board Certified" or "Board eligible" is solely for our benefit, and may be changed or waived at any time. The Professional Staff do not diagnose or treat any medical conditions or prescribe medication or treatments for anyone using our Website. The Professional Staff will not accept payment from you and will not bill any insurance company, government payment program or other source of health benefits in compensation for providing services to you on the Website.

If you use our Virtual Dermatologist (or any other) feature more than once, you are not guaranteed that you will be put in contact with the same Professional Staff member from a prior chat, and you may not request to be put in contact with the same Professional Staff member. Designations such as Dermdoc, skin doc, etc., are not a means for you to identify any particular Professional Staff member with whom you may have chatted. The Professional Staff members participating in the Virtual Dermatologist feature are instructed not to contact any user outside of the immediate, on-line question and answer session. Even if you give your name and any contact information to one of our Professional Staff members participating in the Virtual Dermatologist feature, none of our physicians will contact you for follow up. They will not communicate with your personal physician or any other health care provider.

Please do not share personal medical information of a kind you would wish to be held confidential in a physician-patient or similar clinical relationship. The members of our Professional Staff do not keep any medical records and will not have any records concerning prior contacts you may have made to our Website. Since the physicians on our Professional Staff are not in a physician-patient relationship with you, the information you provide will not be considered a medical record.

You should be aware of the general risks of transmitting information over the Internet. With the exception of credit card transactions processed on our Website, the Website generally does not use encryption. Credit card transactions are processed through e-commerce protocols that we believe are standard for the industry. While IDEALSKIN.COM attempts to prevent unauthorized persons from accessing our files or tampering with our site, we cannot guarantee that these efforts will always be successful. IDEALSKIN.COM shall have the right to use any questions, comments, or other information submitted by users in books, articles, commentaries, research or similar ways.

If you decide to seek information or obtain treatment from any Sponsor (as described below), the Professional Staff will not follow up or monitor your care.

CONTACTS WITH OTHERS WEBSITES

IDEALSKIN.COM may include or provide links on its Website to other web sites on the Internet, which may include information, opinions or recommendations of various individuals, organizations or companies. In providing such links, IDEALSKIN.COM does not represent to you that it has investigated the content of such information, opinions or recommendations, and thus you understand and agree that IDEALSKIN.COM does not warrant or guarantee the accuracy of such information or necessarily endorse, credential or accredit any such opinions, recommendations, websites, individuals, organizations or companies. You acknowledge and agree that IDEALSKIN.COM has no control over such sites and is not responsible for the availability of such external sites. You also acknowledge and agree that IDEALSKIN.COM does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites.

COMMUNITY CHATS OR FORUMS

We also provide community forums on our Website, which are opportunities for you and other users of our Website to discuss issues of common interest with each other. While we may moderate discussions in chat rooms, we cannot control the comments of users, guest lecturers, moderators, community leaders or others, and are not responsible for comments posted on such chat rooms. You must adhere to any restrictions, limitations, copyright, trademark and other requirements pertaining to information you post on our Website. You agree to adhere to our Community Use Policy. However, information accessible in any Community Forum (including messages, files or other material) is subject to our review, editing, deletion or blocking in our discretion and without prior notice. Statements made by and conduct of other users or by advertisers, forum moderators, vendors, or sponsors are not subject to our control and represent only the views of those other entities. Also, participation in such chat sessions may result in unsolicited contacts that we cannot prevent or control.

OUR INFORMATION

IDEALSKIN.COM strives to be a valuable resource of timely information for our users. We cannot ensure that information we provide is exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic. This information is of a general nature and we urge you to review it with your healthier provider. Users should never delay, ignore or fail to obtain medical advice based on information obtained from IDEALSKIN.COM.

YOUR INFORMATION

IDEALSKIN.COM may gather and share customer and client information with its Sponsors about the areas, topics and communities of interest, zip codes, and products and services identified, purchased or used by you and our other users of our Website. Such information may be aggregate or individual. Information we gather about the use of our website may be used, for example, in providing information to our Sponsors, advertisers or vendors of products and services with which we have a relationship. If you elect to provide additional information about yourself (which may include for example, your name, e-mail address, mailing address or other background or contact information), such information shall be used IDEALSKIN.COM or any Sponsor for the purpose for which it was given. The manner in which we collect and use personally identifying information voluntarily provided by you is described in our Privacy Policy. Such information may also be used by IDEALSKIN.COM to enforce this Agreement.

COPYRIGHT AND TRADEMARK

All text and images Copyright© 2003 by IDEALSKIN.COM, Inc. The names "IDEALSKIN.COM", "THE ONLINE SKIN PORTAL," "THE VIRTUAL DERMATOLOGIST," "THE ONLINE DERMATOLOGIST," and associated logos are proprietary trademarks and service marks of IDEALSKIN.COM, Inc. Permission to reprint or electronically reproduce any IDEALSKIN.COM materials is expressly prohibited without prior written consent from IDEALSKIN.COM. Users shall not provide copyrighted or other proprietary information to IDEALSKIN.COM without permission from the owner of such material or rights and shall be solely responsible for any damages resulting from such disclosures. Users shall be solely responsible for obtaining such permission.

YOUR CONDUCT

We may adopt and revise policies from time to time governing the conduct of our users, including, without limitation, when they exchange messages or information, participate in chat sites or community forums, which policies are incorporated by reference into this Agreement as noted above. We have the right, but not the obligation, to review, modify, block or delete any postings or messages we consider to be potentially defamatory, obscene, harassing, abusive, threatening or otherwise intended to or having the effect of interfering with or disrupting the exchange of information or operation of the Website. You agree not to use the Website or information from other users to send unsolicited commercial messages, or to initiate unsolicited commercial transactions, either individually or in a mass mailing or message distribution. If you post information, or other materials on the Website, you agree and represent and warrant that you have all rights under applicable law, including without limitation, copyright, trademark, trade secret, or other intellectual property laws, that permit you to provide this information on the Website and that we and all users have the right to download and use that information, software or other materials. You warrant to IDEALSKIN.COM that you will not use this Website for any purpose that is unlawful or prohibited by this Agreement of use in any manner.

PERSONAL USE LIMITATION

You acknowledge and agree that this Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from this Website.

MISCELLANEOUS

INFORMATION SUPPLIED BY IDEALSKIN.COM IS PROVIDED "AS IS" AND NEITHER IDEALSKIN.COM NOR ANY OF THE PROFESSIONAL STAFF, INCLUDING WITHOUT LIMITATION OUR PHYSICIANS AND SPONSORS, MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THIS WEBSITE OR INFORMATION FURNISHED BY THEM OR OUR AGENTS, EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE. YOU HEREBY ALSO AGREE THAT IDEALSKIN.COM, AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THIS WEBSITE OR ANY INFORMATION YOU OBTAIN ON IT OR ANY OTHER INTERACTION WITH IDEALSKIN.COM OR ITS SUBSIDIARIES. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF IDEALSKIN.COM OR ITS SUBSIDIARIES.

IDEALSKIN.COM cannot make any representation or warranty concerning errors, omissions, delays or other defects in the information supplied to users, or that its files are free of viruses, worms, Trojan horses or other code that include or manifest contaminating or destructive characteristics. When we receive an e-mail, we make reasonable efforts to respond in as timely a manner as possible but IDEALSKIN.COM does not guarantee that it will respond to all inquiries. We reserve the right to ignore or delete any information including, without limitation, information that is fraudulent, abusive, defamatory, obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

You agree to indemnify and hold harmless IDEALSKIN.COM, its affiliates and their respective officers directors, agents, and employees from and against any claim, demand, or cause of action, including any (including attorneys fees) arising out of claims based on any aspect of your use of the Website, including without limitation, (i) claims based on defamation or other conduct by you in using the Website, or (ii) your violation of any intellectual property laws including without limitation those relating to copyright, trademarks or trade secrets.

If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. The application of these provisions, disclosures, terms, conditions and disclaimers and all other matters arising from your use of this Website or of any information you obtain from IDEALSKIN.COM shall be governed by the laws of the United States of America and the State of Maryland. Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from your use of this Website or any information you receive from IDEALSKIN.COM shall be brought exclusively in the United States District Court, FLORIDA District, West Palm Beach Division or the Circuit Court for Palm Beach County, Florida, and you hereby expressly consent to the exercise of jurisdiction over you by such courts. To the fullest extent permitted by applicable law, each party to this Agreement waives its or his right to a jury trial with respect to any action brought under or in connection with this Agreement. Any notice to IDEALSKIN.COM shall be given in writing and sent by certified and registered mail to IDEALSKIN.COM, Inc., 1500 North Dixie Highway West Palm Beach, FL 33401, Attn: Kenneth Beer.

This Agreement constitutes your entire agreement with IDEALSKIN.COM and supersedes all prior or contemporaneous communications, proposals or agreements, whether oral or written, between us. You agree that this agreement takes effect on your first use of the Website, and that it applies to all persons accessing the Website from your computer. You agree and are obligated to regularly review this Agreement for changes and agree to those changes by continuing to use the Website. IDEALSKIN.COM has the right to amend this Agreement at any time without notice to you by making changes to this Agreement as posted.

The headings used in these terms of use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms of use.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Website must be filed within one (1) year after such claim or cause of arose.

You acknowledge that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Notwithstanding any provisions of this Agreement, IDEALSKIN.COM has available all remedies at law or equity to enforce this Agreement. There are no representations, promises, warranties or undertakings by IDEALSKIN.COM contrary to those set forth above. By clicking on the button below marked "I accept" or using the Website, you acknowledge that you have reviewed and agree to all of the above provisions, disclosures and disclaimers in this Agreement.