ISMD – Terms of Use / Disclaimer

Agreement: By accessing this mobile application (“Application”), you agree to be bound to the following terms and conditions listed below. Do not access, use, subscribe to, or submit content to this Application if you do not agree to be bound to all of the following terms and conditions. Terms and conditions may be revised or updated periodically. You will need to agree with the most recent terms and conditions every time you access this Application.

Disclaimer of Warranty: Use of this Application including but not limited to its text, graphics, images, links, videos, downloadable files, and any other material (“Content”) and services contained in this website, is entirely at your own risk.

Wall Street Dermatology, Tzu Dermatology, P.C., its officers, directors, employees, agents, third party content providers or licensors (Collectively “Covered Parties”) make no warranties that access to Application Content will be uninterrupted, secure, safe, or error-free. Covered parties are not responsible or liable for the accuracy, completeness, correctness, reliability, timeliness, usefulness, or relevance of any of the Content on this Application. In no event will Covered Parties be liable for any known or unknown damages, claims, injury, loss, or risks, including without limitation, direct, indirect, incidental, special, consequential or punitive damages, or personal or bodily injury, arising out of the use, or inability to use or access Application Content. You hereby assume all risk for any damages, claims, or injuries in connection with use of Application Content.

All information is provided “as is” and “as available” without any warranties, express or implied, including but not limited to those of title, merchantability, fitness for a particular purpose, or non-infringement. No warranties are made as to the results obtained from use of this Application Content.

Covered Parties makes no warranties and is not responsible or liable for the text, images, graphics, and any other material from any third party websites to which this Application is linked; any offensive or illegal conduct of its users; any direct or indirect loss or damage to your data, computer, device, property, or loss of time or revenue, as a result of using, misusing, connecting to, submitting information to, or accessing our Application, any third party links from it, or the Application server; any interception and corruption of data that may occur as a result of contacting us or a third party website through our Application; any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft, or destruction or unauthorized access to, alteration of, or use of the services, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, to the fullest extent permissible by law.

No Medical Advice: Content from this Application is for general informational purposes only. As a recipient of Content from this Application, you are not establishing a patient-physician relationship. You should never rely on any of the Content for medical advice or as a substitute for obtaining medical advice, diagnoses, and treatments from a qualified healthcare provider. We strongly advise you to consult your physician regarding any medical advice, questions, or for evaluation of any symptoms or conditions you are experiencing. You should not disregard professional medical advice or delay seeking medical advice or treatment as a result of the application or misapplication of Content accessed from this Application. Do not use this Application for any medical emergencies. In case of an emergency, please call 911 or contact your physician or local hospital.

Indemnification: You agree to defend, indemnify, and hold Wall Street Dermatology, Tzu Dermatology, P.C., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out, relating to or in connection with (a) your use of the Application, (b) any content or materials that you submit or upload to or through the Application, (c) your unauthorized use of the Application or content or material obtained through the Application, (d) any violation of any law or regulation by you, and (e) your breach of this agreement.

Viruses, Worms, and Malware: Wall Street Dermatology, Tzu Dermatology, P.C., its officers, directors, employees, agents, licensors, and suppliers also assumes no responsibility, and shall not be liable for, any damages to, or viruses, worms, and other malware that may infect your computer equipment or other property on account of your access to or use of Application, its Contents, including links to third party websites.

Third Parties and Links: Mention of or links to websites of any product, device, treatment, service, company, organization, or person on our Application does not imply endorsement. Wall Street Dermatology, Tzu Dermatology, P.C., its officers, directors, agents, and employees are not responsible for the content on third-party websites. Your use of third party websites is entirely at your own risk.

Privacy Policy: The Covered Parties (as defined above) do not store or retain any data entered to or by way of any Application associated with this site. Any demographic and/or personal health information is stored in the device used to transmit any such information such as your Smartphone. Any report generated and emailed to you in response to information entered into any Application shall be your responsibility to maintain. The Covered Parties shall not be responsible for the accuracy of the information provided by you or for any information contained in the resulting report generated from such inputted information. As stated above, nothing in such report shall be construed to be medical advice.

Changed Terms: Wall Street Dermatology has the right at any time to update or modify the terms and conditions of this Application. If any modification to these Terms of Use is unacceptable to you, you must immediately terminate your use of the Application.

Copyright and Trademark: Wall Street Dermatology and its logos are trademarks of Tzu Dermatology, P.C., exclusive use of which is protected under federal and international trademark law. All Application Content, including design, is protected under federal and international copyright law. Copyrighted or trademarked material may not be used without prior written permission from Tzu Dermatology, P.C.

Complete Agreement: These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.