Terms and Conditions

These Terms of Use describe the terms and conditions applicable to your use of this website and any affiliated websites, (the “Online Services”) operated by Wexler Dermatology (“the Practice,” “we” or “our.”). When “you” and “your” are used in these Terms of Use, it refers to any individual, company or legal entity that accesses or otherwise uses this website.

By accessing, browsing or using this website, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this website. Services and the information, materials, products, and services available through the Online Services is subject to all applicable laws and regulations and to these Terms of Use, including any future modifications. If you do NOT agree to all of these terms, you should NOT access or use this website.

We reserve the right to modify these Terms of Use, in whole or in part, in our own discretion at any time without notice to you. Such amended Terms of Use shall be effective immediately upon posting. By continuing to access or use this website, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. You can determine when this policy was last revised by referring to the “Last update” date at the bottom of this page.

The practice reserves the right to discontinue, make changes or updates, and remove content with respect to the website at any time without notice.

Personal information provided through this website shall be used in accordance with our Privacy Policy and these Terms of Use are subject to the Privacy Notice as posted on this website.

You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use these Terms of Use in accordance with all terms and conditions herein. You agree to be financially responsible for all use of these Online Services. You agree not to assign, transfer or sublicense user rights pursuant to this Agreement.

You agree to comply with all laws, rules, and regulations applicable to your use of the Online Services. You may not use the Online Services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of the Practice or others.
By accessing or using the Online Services, you further agree that:

• You will only use the Online Services for your sole, personal use
• You will not resell this content to a third party
• You will not copy or distribute the Online Services content
• You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party
• You will not use the Online Services for any purpose in violation of local, state, federal or international laws
• You will not use the Online Services as a means to distribute advertising or other unsolicited material to any third party
• You will not impersonate another person
• You will comply with all applicable third party terms of agreement when using the Services (such as your wireless data service agreement)
• You will not try to harm the Online Services or impair the proper operation of the network in any way whatsoever
• You will provide us with whatever proof of identity we may request

We reserve the right to immediately terminate your use of the Online Services should you fail to comply with any of the foregoing rules.

You are free to establish a hypertext link to our Online Services so long as the link does not state or imply any sponsorship of your website or service by us or by our Services. However, you may not, without our prior written permission, frame or inline link any of the content of our Online Services, or incorporate into another website or other service any of our material, content or intellectual property.

The Online Services content, including but not limited to information about medical conditions and our specialties, procedures, and services, provided by Wexler Dermatology through the Online Services is for informational purposes only. Online Services content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that we have not represented that the Online Services content has the ability to diagnose disease, prescribe treatment, or perform any other tasks that constitute the practice of medicine.
Do not disregard professional medical advice or delay seeking medical advice because of something you saw or read on the Online Services. If you think you may have a medical emergency, call your health care provider or 911 immediately.

You acknowledge that all content on this website, including the website’s design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Website, and the selection and arrangement thereof (collectively, “Content”), are the property of Wexler Dermatology or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Content not expressly granted in these Terms of Use are reserved to their respective intellectual property right owners.

Subject to your acceptance of and compliance with these Terms of Use, the practice grants you a non-exclusive, non-transferable, limited right to view, access, use, download, and print selected portions of the Online Services and the materials thereon for your personal use only, provided that you do not republish that content and that you keep intact all copyright, trademarks, attributions, patent, and other proprietary notices. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The trademarks, servicemarks, trade names, trade dress and logos contained or described on this website are the sole property of Wexler Dermatology and/or its affiliates and licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Wexler Dermatology and/or its licensors. Except as expressly provided in these Terms of Use or otherwise allowed by the Practice, you may not use the Online Services for any public or commercial purpose.

Links on the website to third party websites are provided only as a convenience to you. If you use these links, you will leave the website. The practice does not control or endorse any such third party websites. You agree that Wexler Dermatology and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this website, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Wexler Dermatology expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website. We recommend that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

Wexler Dermatology strives to provide accurate and up-to-date material on this Website. However, we make no warranties or representations as to the accuracy or timeliness of the Content on this website. THE ONLINE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE ONLINE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

NOTHING CONTAINED IN THE ONLINE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ANY INFORMATION CONTAINED IN THE ONLINE SERVICES SHOULD NOT BE RELIED UPON AS THE BASIS OF ANY HEALTH-CARE DECISION. THE ONLINE SERVICES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT.

Neither Wexler Dermatology nor any of its affiliates shall under any circumstances be liable for any damages arriving out of (or in connection to) your access of this website. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FCB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST THE PRACTICE AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.

You agree to indemnify, defend and hold Wexler Dermatology and its affiliates harmless against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the website, any activity related to use of the website by you, any message or material that you submit to, post on or transmit through the website, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the website.
If you have a dispute with one or more users, you release the practice and its affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the State of New York, without giving effect to conflicts of law principles thereof. The practice makes no representations that the material and information on this website are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this website or to these Terms of Use shall be brought exclusively in the Federal or State Courts residing in New York. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this website, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

If any provision of these Terms of Use is held to be unlawful, void, or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original Terms of Use provision, and the validity and enforceability of any remaining provisions shall not be affected.

The failure of the practice and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit the practice’s right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.