Proposed Terms of Use

Pillowtalkderm.com, hereinafter referred to as the “Website”, is an information service provided by the affiliates of Shereene Idriss, M.D. [DISCUSS INCORPORATION], hereinafter referred to as “HTTPIDRISS”, at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this Terms of Use Agreement.  The HTTPIDRISS reserves the right to change these terms and conditions at any time, and users agree to abide by the most recent version of this Terms of Use Agreement each time they view and use the Website.  Users are accordingly advised to consult the Terms of Use Agreement each time they view and use the Website.  Do not use the Website if you do not agree to all of the following terms and conditions.

You acknowledge that the information on the Website is provided “as is” for general information only.  It is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. HTTPIDRISS makes no warranties of any kind regarding this Website or any content therein, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses and other harmful elements, and such warranties are expressly disclaimed. You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of HTTPIDRISS nor does HTTPIDRISS endorse them.

You agree that you will hold harmless HTTPIDRISS and its affiliates, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights.  In no event will HTTPIDRISS or any of the information contributes to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if HTTPIDRISS has been advised of the possibility of such damages.

HTTPIDRISS may provide links on the Website to other websites that are not under the control of HTTPIDRISS.  In general, any website which has an address (or URL) not containing ‘____________.com’ is such a website.  These links are provided for convenience or reference only and are not intended as an endorsement by HTTPIDRISS of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.  You may provide hypertext links to this Website on another website, provided that: (a) the link be a text-only link clearly marked ‘____________________[entity?]’, (b) the link must ‘point’ to the URL ‘____________.com’ and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with HTTPIDRISS’s name and trademarks, (d) the appearance, position, and other aspects of the link may not create the false appearance that an entity other than HTTPIDRISS is associated or sponsored by HTTPIDRISS, (e) the link, when activated by a user, must display this Website full-screen and not within a ‘frame’ on the linked website, and (f) HTTPIDRISS reserves the right to revoke its consent to any link at any time at its sole discretion by amending this Terms of Use Agreement.  You agree that any other hypertext links to this Website must be approved in writing by HTTPIDRISS.

The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by THE HTTPIDRISS, or its suppliers and contributors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without Dr. Idriss’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive as is necessary to browse the Website, and that the user may produce one permanent printout of each page of the Website (unmodified in form, with a copy of this Terms of Use  Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of HTTPIDRISS.

All text and electronic images on this Website are copyrighted materials which are registered copyrights, unregistered common law copyrights, registered trademarks or sales marks of HTTPIDRISS, its suppliers or contributors.  Any attempt to infringe upon or to circumvent these copyrights or trademarks will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.

This Website (excluding linked sites) is controlled by The HTTPIDRISS, which is headquartered in the state of New York in the United States of America.  It may be accessed from all 50 states, as well as from other countries around the world.  As each of these places has laws that may differ from those of the State of New York, by accessing this Website you agree that the statutes and laws of the State of New York, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this Website.  You also agree and hereby submit to the exclusive legal jurisdiction and venues of the State of New York. HTTPIDRISS makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is hereby prohibited.  Individuals or organizations choosing to access this Website from other locations do so of their own initiative and are responsible for compliance with local laws.

Each element of the Terms of Use has a particular purpose, which when broken down, falls into the following sections: 

Initial Disclaimer

We recommend you include an initial disclaimer wherein you state clearly and concisely that all of the information available on the Website is free of charge, and all users must agree to be bound by the Website’s Terms and Conditions, as follows:

The World Wide Web site with its home page in the domain “_______.COM”, hereinafter referred to as the “Website”, is an information service provided by the Affiliates of _________________, hereinafter referred to as “HTTPIDRISS”, at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this Terms of Use Agreement.  The HTTPIDRISS reserves the right to change these terms and conditions at any time, and users agree to abide by the most recent version of this Terms of Use Agreement each time they view and use the Website.  Users are accordingly advised to consult the Terms of Use Agreement each time they view and use the Website.  Do not use the Website if you do not agree to all of the following terms and conditions.

Medical Advice Disclaimer 

An important disclaimer on the Website anywhere a reasonable person may interpret information to constitute medical advice, i.e., email exchanges between the practice and the patient, should contain a disclaimer letting users know that browsing a website is no substitute for seeing a professional.  The following will protect you from a user claiming that they received a professional opinion simply from visiting your website:

You acknowledge that the information on the Website is provided “as is” for general information only.  It is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. HTTPIDRISS makes no warranties of any kind regarding this Website or any content therein, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses and other harmful elements, and such warranties are expressly disclaimed. You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of HTTPIDRISS nor does HTTPIDRISS endorse them.

Limiting Liability

When dealing with information on the internet, you need to protect yourself not only from claims related to medical information, but to all information provided on your Website.  Claims such as obscenity, defamation of character, dilution of goodwill, and intellectual property infringement are all issues that need to be dealt with.  The following language will limit your liability in these areas:

You agree that you will hold harmless HTTPIDRISS and its affiliates, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights.  In no event will HTTPIDRISS or any of the information contributes to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if HTTPIDRISS has been advised of the possibility of such damages.

Related Links

Anytime you have a link on the Website to another website be sure that you provide a disclaimer that the referenced link is not endorsed by you, but rather referenced to provide additional information.  Furthermore, other websites may link to your site.  Linking to your site can provide you with a whole new group of viewers and users, but can also open you up to infringement and false claims relating to your endorsement or advice.  The following disclaimer provides the proper framework for your site to be linked to:

HTTPIDRISS may provide links on the Website to other websites that are not under the control of HTTPIDRISS.  In general, any website which has an address (or URL) not containing ‘_________.com’ is such a website.  These links are provided for convenience or reference only and are not intended as an endorsement by HTTPIDRISS of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.  You may provide hypertext links to this Website on another website, provided that: (a) the link be a text-only link clearly marked ‘________________’, (b) the link must ‘point’ to the URL ‘http://www.______.com’ and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with HTTPIDRISS’s name and trademarks, (d) the appearance, position, and other aspects of the link may not create the false appearance that an entity other than HTTPIDRISS is associated or sponsored by HTTPIDRISS, (e) the link, when activated by a user, must display this Website full-screen and not within a ‘frame’ on the linked website, and (f) HTTPIDRISS reserves the right to revoke its consent to any link at any time at its sole discretion by amending this Terms of Use Agreement.  You agree that any other hypertext links to this Website must be approved in writing by HTTPIDRISS.

The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by THE HTTPIDRISS, or its suppliers and contributors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without Dr. Idriss’ prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive as is necessary to browse the Website, and that the user may produce one permanent printout of each page of the Website (unmodified in form, with a copy of this Terms of Use  Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of HTTPIDRISS.

All text and electronic images on this Website are copyrighted materials which are registered copyrights, unregistered common law copyrights, registered trademarks or sales marks of HTTPIDRISS, its suppliers or contributors.  Any attempt to infringe upon or to circumvent these copyrights or trademarks will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.

Choice of Law

Users from all over the world can access your site.  States may claim jurisdiction over any claims if a user in the state accessed your site from a computer in said state.  You want to ensure protection from being brought into court in any jurisdiction other than New York.  Obviously, it is convenient.  More importantly, you have been advised of New York law, operate under New York law, and are in compliance under New York law.  To ensure you are not held responsible for regulations in any other state, we recommend you adopt the following expressing that it is the HTTPIDRISS’s intention to be bound by NY venue and jurisdiction. 

 

This Website (excluding linked sites) is controlled by The HTTPIDRISS, which is headquartered in the state of New York in the United States of America.  It may be accessed from all 50 states, as well as from other countries around the world.  As each of these places has laws that may differ from those of the State of New York, by accessing this Website you agree that the statutes and laws of the State of New York, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this Website.  You also agree and hereby submit to the exclusive legal jurisdiction and venues of the State of New York. HTTPIDRISS makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is hereby prohibited.  Individuals or organizations choosing to access this Website from other locations do so of their own initiative and are responsible for compliance with local laws.

Appropriate Use of Other Works of Intellectual Property

It is important that you clearly protect all your intellectual property claims. Copyright and trademark law makes a strong distinction between innocent infringers and those who purposefully infringe.  If the owner properly disclaims it’s rights, including the use of ® and © by the protected property, a user cannot claim lack of knowledge regarding ownership of the material or mark.  Each of the other treatments you list as individual pages must have the link part with ® next to it, as well as the top heading on the actual page. 

Botox® 

Fraxel®

Thermage® 

Sculptra® 

Radiesse® 

Mohs®.

Furthermore, you must make sure not to infringe on the trademarks of others.  One of the newest developments in trademark law is dilution, which is when a trademark that has been special in the past becomes generic from overuse, i.e., Xerox for copies and Kleenex for tissues.  The trademarked products and procedures you referenced should be adjectives, not nouns or verbs. 

BOTOX®: 

-Botox should always be referred to as “BOTOX ®”injections, treatments, procedures, and services.  

-BOTOX should have an ® next to it specifically in the header link and on the page itself. 

-Whenever Botox is used, you should include an ® next to it.  

FRAXEL®

You could use Fraxel in these ways, as applicable:

-Fraxel system

-Fraxel Dual System

-Fraxel Dual laser

-Fraxel Laser

-Fraxel Restore  (always- describing the laser)

THERMAGE®:

In several spots, you should use the terms as Thermage ® technologies, Thermage® procedures, rather than just Thermage as a noun.  

SCULPTRA®

Fourth paragraph: Sculptra TREATMENT/PROCESS/PROCEDURE will involve several…

Sixth paragraph: a welcome advantage of Sculptra TREATMENT/(fill in how you want)

RADIESSE®

– Page is fine, just add the ® to the header and the link.

MOHS®

-Third Paragraph: Professionals who have had special additional training in Mohs’ procedures…

Internet Transmissions 

HIPAA and the HITECH Act require protections be in place prior to any transmissions of PHI over the internet.  For instance, you are required to have a Security Policy in place, which we will draft for you, and protections such as passwords, secure transmission protocol, confirmation of patient identity, and clear terms of use must be delineated prior to such services becoming available for patient use.  Additionally, as such forms of communication in the medical forum are not established, guidelines as to those additional safeguards that may be required or potential liability that such transmissions may open HTTPIDRISS are in the process of being defined by applicable regulatory agencies. 

Prior to accepting transmissions from patients or potential patients over the internet, consent should be obtained from any individual communicating via internet that such person consents to receiving a response via email from the HTTPIDRISS and a release of liability.  An issue that arises with communications via internet is confirmation of identity.  Without consent for communication via internet and a release of liability for same, HTTPIDRISS has exposure for claims of inappropriate disclosures, transmissions of protected health information and HIPAA violations.  We recommend HTTPIDRISS not discuss or disclose any protected health information to a patient unless a valid release and consent to communicate with a specific email address, where the patient has confirmed only the patient has access, is obtained.  Even still, there are serious risks involved with this process and we recommend any transfer of information with protected health information be done in person at the practice.  

Disclaimers should be in place governing the HTTPIDRISS’s policies with regards to such transmissions, for instance, when it is appropriate for a patient or potential patient to utilize the internet to communicate with the HTTPIDRISS and the policies governing when the HTTPIDRISS will utilize the internet to communicate with patients or potential patients.  

An example of same:  

Be advised that any transmissions to HTTPIDRISS via the internet will be reviewed and received by authorized staff members of HTTPIDRISS.  HTTPIDRISS will make a good faith effort to respond to any such transmission within 48 hours business hours.  If no response is received within such time frame, please contact HTTPIDRISS directly via phone at (212) __________. If you have a medical question or if you are experiencing a medical emergency, please contact a healthcare professional or dial 911. 

Along with the above, HTTPIDRISS should have defined policies in place specifying who is responsible for monitoring, receiving and responding to such transmissions.  

In sum, we have serious reservations regarding the use of the internet for communications that are patient specific.  Patient information that is identifiable to the patient, include the patient’s name and email address, are protected health information and required protections must be in place for HTTPIDRISS to have no exposure.  Also, as defined guidelines have not been established at this juncture, we recommend venturing into such a mode of communication with caution.   

As HTTPIDRISS further develops the types of communications it may develop via the internet, please keep us informed so that we may assist in crafting appropriate disclaimers, releases and consents. 

 

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