WINDSOR DERMATOLOGY, P.C.
Please read the following Terms and Conditions (these “Terms”) carefully before using the Windsor Dermatology, P.C. (“we,” “our,” “us,” or “Windsor”) website, located at www.windsordermatology.com, or participating in any online features, services and/or programs offered by us (collectively, the “Web Properties”). These Terms are in effect for all of our Web Properties.
These Terms are not applicable to any other web page operated and/or owned by any entity other than Windsor, including, without limitation, any website, mobile application, blog, forum, or other material operated by any third party identified on the Web Properties. When visiting these third-party websites, you should refer to the terms and conditions in effect for the applicable owner.
PLEASE READ THESE TERMS CAREFULLY, WHICH INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE WEB PROPERTIES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH WINDSOR REGARDING YOUR USE OF THE WEB PROPERTIES. BY ACCESSING OR USING THE WEB PROPERTIES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEB PROPERTIES.
CONVENIENCE AND INFORMATION ONLY. The Web Properties are provided to you as a convenience and for your information only. By merely providing access to the Web Properties, we do not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Web Properties (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Web Properties is accurate or complete.
WEB PROPERTIES USE AND CONTENT. You may view, download, copy or print a single copy of any page from the Web Properties for personal, non-commercial purposes if you do not remove, modify, or alter any copyright and proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information from the Web Properties without our express, prior, written consent. YOU MAY NOT USE ANY WEB PROPERTY FOR ANY COMMERCIAL USE. Any special rules for the software, audio files, downloads, and other items accessible through the Web Properties may be included elsewhere in the Web Properties and are incorporated into these Terms by reference.
UPDATES. We may make changes to the Web Properties and/or the Content described in these Terms at any time and without further notice to you. We will make an effort to update this web page with any changes to these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).
USER ACCOUNT, PASSWORD AND SECURITY. To the extent that a user account is created by you to access and use the Web Properties (“User Account”), the following shall apply:
(a) USER ACCOUNT. To access certain types of features, including, without limitation, payment options, and to access certain Content available through the Web Properties, we require the use of a username and password after setting up a User Account. We use reasonable precautions to protect the privacy of your username, password, and User Account information. You, however, are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies, if any. You agree to (i) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using your User Account for use on the Web Properties, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Web Properties (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties with his or her username and password.
(a)PAYMENT USING SERVICE PROVIDER. You agree that you will pay for the services Windsor provides to you. Windsor uses a third-party service provider to manage credit card processing. This service provider will collect your credit card or debit card information and related personal information for its use in processing your payment made through your User Account, and you consent to such use. This service provider is not permitted to store, retain, or use your billing information and related personal information except for the sole purpose of credit card processing on Windsor’s behalf.
(b)ACCURATE PAYMENT INFORMATION. You agree to provide us and our service provider with true, accurate, current, and complete billing information and to promptly notify us if there is any change in your billing address and, where you have paid by credit or debit card, will promptly notify us if there is any change to your card number, or card expiration date or if your card is cancelled (e.g., for loss or theft). If you fund a payment by debit card and your transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee.
(c)U.S. CURRENCY. You acknowledge that all fees for services provided by Windsor will be expressed in U.S. Dollars, and all payments accepted by Windsor and our service provider must be made in U.S. Dollars. No foreign currency will be accepted by Windsor or its service providers facilitating collection of any Windsor related fees.
(d)REFUND POLICY. You acknowledge that all services provided by Windsor are final sale. There are no refunds or returns for services provided by Windsor to you.
NOT INTENDED FOR CHILDREN. We do not collect personal information from any person that we know to be under the age of 13. Specifically, the Web Properties are not intended or designed to attract children under the age of 13. You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEB PROPERTIES ARE NOT INTENDED FOR CHILDREN UNDER 13 WHO ARE UNACCOMPANIED BY THEIR PARENT OR LEGAL GUARDIAN.
(a) NO WARRANTIES FOR CONTENT. The Web Properties are provided to you for your information only. We do not warrant or represent that: (i) the Content is fair, accurate, or complete; (ii) the Content is up-to-date or current; (iii) we have any obligation to update any Content; (iv) the Content is free from technical inaccuracies or programming or typographical errors; (v) the Content is free from changes caused by a third party; (vi) any information obtained in response to questions asked through the Web Properties is accurate or complete; and/or (vii) the Content is non-infringing of any third party’s intellectual rights.
(b) NO WARRANTIES FOR WEB PROPERTIES. When using the Web Properties, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, or other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES AND THE CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ON OR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. IF YOU ARE NOT USING THE MOST UP-TO-DATE WEB BROWSERS, YOUR USE OF THE INTERNET IS INHERENTLY MORE RISKY AND MAY EXPOSE YOU TO CERTAIN MALWARE, VIRUSES, AND SIMILAR RISKS. WE MAY REQUIRE THAT YOU ACCESS OUR WEBSITES WITH ONLY CERTAIN VERSIONS OF INTERNET BROWSERS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEB PROPERTIES WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY CONTENT, PRODUCTS, OR SERVICES FOUND TO BE INADEQUATE.
(c) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Windsor and our directors, officers, employees, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, without limitation, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including, without limitation, any claims made by any third parties.
LIMITATION OF LIABILITY. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEB PROPERTIES AND/OR ANY CONTENT PROVIDED IN CONNECTION WITH THE WEB PROPERTIES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES AND/OR ANY CONTENT PROVIDED. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE WEB PROPERTIES, INCLUDING, WITHOUT LIMITATION, LOST GOODWILL OR LOST PROFITS. WE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR GOODS OR SERVICES IN THE PRIOR SIX (6) MONTHS, IF ANYTHING. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE WEB PROPERTIES AND/OR THE CONTENT. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS. Although we do not presently do so, in the future we may provide hyperlinks to other websites maintained by third parties, or may provide third party content on the Web Properties by framing or other methods (collectively, “Third Party Content”). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, the “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. THE LINKS TO THIRD PARTY WEBSITES, ANY THIRD PARTY CONTENT, AND ANY THIRD PARTY APPLICATIONS MAY BE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE OR IN ANY THIRD PARTY APPLICATION IS NOT UNDER OUR CONTROL AND, JUST AS WITH THE WEB PROPERTIES, WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES AND/OR THIRD PARTY APPLICATIONS, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH ANY THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, WHICH AT ALL TIMES AND IN EACH INSTANCE IS PROVIDED “AS IS.” THIRD PARTY APPLICATIONS MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS OR AGREEMENTS BETWEEN YOU AND THE PROVIDER OF SUCH THIRD PARTY APPLICATIONS AS MAY BE PROVIDED TO YOU IN CONNECTION THEREWITH, AND YOU AGREE TO FULLY COMPLY WITH ALL SUCH ADDITIONAL TERMS, CONDITIONS AND AGREEMENTS. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEB PROPERTIES, ANY THIRD PARTY CONTENT, AND/OR ANY THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked or refers to the Web Properties. A third party website that links to the Web Properties: (a) may link or refer to, but not replicate, the Content; (b) may not create a browser, border environment, or frame the Content; (c) may not imply that we are endorsing it or its products or services; (d) may not misrepresent its relationship with us; (e) may not present false or misleading information about our products or services; and (f) should not include content that could be construed as distasteful, offensive, or controversial.
INTELLECTUAL PROPERTY. The Content of the Web Properties is intellectual property owned, controlled and/or licensed by us. All applicable intellectual property laws, including, without limitation, copyright laws, protect our rights in and to the Content. No portion of the Content may be reproduced in any form or by any means, except as provided in Section 2 (Web Properties Use and Content) and elsewhere in these Terms.
We are the copyright owner or authorized licensee of all trademarks, service marks, and logos used and displayed on the Web Properties. All trademarks and service marks of Windsor, or our subsidiaries or affiliates, that may be referred to on the Web Properties are the property of Windsor, or one of our subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Windsor’s, or our subsidiaries’ or affiliates’, trademarks, service marks, or copyrights without our prior written permission. We aggressively enforce our intellectual property rights. Neither the name of Windsor, our subsidiaries or affiliates, nor any of our other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Web Properties or otherwise, without our prior, written permission, except that a third party website that desires to link to the Web Properties and that complies with the requirements of Section 10 (Third Party Content and Third Party Applications) above may use the names “Windsor” or the title of any Content in or as part of that link.
COPYRIGHT COMPLAINTS. We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. Materials may be made available on or through the Web Properties by third parties not within our control. It is our policy not to permit materials known by us to be infringing to remain on or available through the Web Properties. Please notify us promptly if you believe that any materials on or available through the Web Properties infringe on your intellectual property rights or the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), we will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. When notifying us of potential infringement, you must include the following:
identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such works on the Web Properties;
identification of the supposedly infringing material that is to be removed;
information reasonably sufficient to permit us to locate the material on the Web Properties;
contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;
a statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent a written communication containing the following:
identification of the supposedly infringing material that is to be removed;
a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
the signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that we restore the removed or disabled content in ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, your materials will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to the Windsor Copyright Agent at email@example.com or by certified mail and marked “Copyright Infringement” to 59 One Mile Road Ext, Suite G, East Windsor, NJ 08520, Attn: DMCA AGENT [NOTE: THE DMCA AGENT MUST BE REGISTERED WITH THE COPYRIGHT OFFICE BY USING THE INTERIM DESIGNATION FORM FOUND AT: http://www.copyright.gov/onlinesp/agent.pdf]
Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
TERMINATION OF SERVICE. We may terminate your right to access secured portions of the Web Properties at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.
ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
EXPORT RESTRICTIONS. Any software and all underlying information and technology downloaded or viewed from any Web Property or in connection with our services (collectively, the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Web Properties, the Content, and any products or services of Windsor, including without limitation, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
DELIVERY/SHIPMENT POLICY. You acknowledge that Windsor does not sell any products through the Web Properties, and no deliveries or shipments will be sent to you from Windsor.
GOVERNING LAW AND JURISDICTION. You agree that all matters relating to your access to, or use of, this website shall be governed by the laws of the State of New Jersey. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in the State of New Jersey, with respect to such matters.
LOCAL LAWS. We make no representation that the Content or materials on the Web Properties are appropriate or available for use in jurisdictions outside the United States. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws. We are not responsible for your violation of any law. You may not use or export the Content or materials on the Web Properties in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
- Your Consent To This Agreement: By accessing and using the Web Properties, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties. Your use of the Web Properties following your acceptance of any amendment of these Terms will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:
Windsor Dermatology, P.C.
59 One Mile Road Extension #G
East Windsor, NJ 08520
Attn: Customer Care – Web Properties
Copyright © 2015. Windsor Dermatology, P.C. All Rights Reserved.
Effective as of: August ___, 2015
Last updated: August ___, 2015