Dermatology Focus Website Terms and Conditions of Use

Welcome to the website operated by the Dermatology Foundation (the "Foundation"), located at www.dermatologyfocus.org. Dermatology Focus is published by the Foundation for practitioners across the specialty, as well as residents and non-physician clinicians. As a key component of the Foundation’s educational program, this Website communicates the latest advances in all aspects of the specialty by highlighting the most current and relevant research. All uses of the Website are subject to the following terms and conditions of use (these "Terms of Use").

Please read these Terms of Use carefully before accessing or using any part of this Website. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME. If you do not wish to agree to these Terms of Use, do not access or use any part of this Website.

The Foundation may revise and update these Terms of Use at any time by posting the amended terms to this Website. Your continued use of the Dermatology Focus Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website.

NO MEDICAL ADVICE
The Foundation is not a healthcare provider. It does not render medical advice or services, and the information on the Dermatology Focus Website should never be used as a substitute for the advice provided by your physician or other health care provider. The information presented is intended to communicate the latest advances in all aspects of the specialty by highlighting the most current and relevant research.

INTELLECTUAL PROPERTY/USE OF CONTENT

The entire contents of this Website (including all information, text, displays, images, trademarks, logos, trade names, documents, databases, graphic representations, and audio) and the design, selection, and arrangement thereof, are the property of the Foundation or its licensors, or are used by the Foundation with permission, and are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other proprietary rights, whether or not a notice of copyright, trademark, or other proprietary rights appears on the screen displaying the information. You are authorized to use the content on the Website only for personal use or non-commercial, educational purposes. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any of the material on this Website without the prior written consent of the Foundation, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title to nor any intellectual property rights in any information or material in this Website are transferred to you, but remain with the Foundation or the applicable owner of such content. Except as expressly authorized by the Foundation in writing, you may not reproduce, distribute, sell, or exploit for any commercial purposes any part of this Website, or any services or materials available through this Website.

DMCA Notice and Takedown Procedures
The Foundation abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of its response, the Foundation may remove or disable access to material on the Website that is claimed to be infringing, in which case, the Foundation will make a good-faith attempt to contact the person who submitted the relevant material so that person may make a counter notification, also in accordance with the DMCA. By posting any material to the Website, the posting party represents and warrants that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants the Foundation and users of the Website the nonexclusive, unrestricted, royalty-free right and license to display, copy, publish, distribute, transmit, print, and use such information or other material. The Foundation does not assume any liability for the materials, information and opinions provided on, or available through, the Website (the "Site Content"). Reliance on the Site Content is solely at your own risk. The Foundation disclaims any liability for injury or damages resulting from the use of any Site Content.

THE WEBSITE, AND THE SITE CONTENT AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER THE FOUNDATION NOR ANY PERSON ASSOCIATED WITH THE FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE FOUNDATION NOR ANYONE ASSOCIATED WITH THE FOUNDATION WARRANTS OR REPRESENTS THAT THE WEBSITE OR THE SITE CONTENT PROVIDED ON THIS WEBSITE WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOUNDATION DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. UNLESS SPECIFICALLY STATED OTHERWISE, THE FOUNDATION DOES NOT ENDORSE, APPROVE, RECOMMEND, OR CERTIFY ANY INFORMATION, PRODUCT, PROCESS, SERVICE, OR ORGANIZATION PRESENTED OR MENTIONED ON THE WEBSITE, AND INFORMATION FROM THE WEBSITE SHOULD NOT BE REFERENCED IN ANY WAY TO IMPLY SUCH ENDORSEMENT OR APPROVAL.

IN NO EVENT WILL THE FOUNDATION OR ITS OFFICERS, trustees, DIRECTORS, [MEMBERS,] STAFF, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE, AND THE FOUNDATION EXPRESSLY DISCLAIMS ANY AND ALL LIABILTIY, FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SITE CONTENT, OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, WORMS, DELETION OF FILES, OTHER ELEMENTS OR CODE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY THE FOUNDATION AND WHETHER OR NOT THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. In any jurisdiction that does not permit such a disclaimer of liability, The Foundation liability shall be limited to the greatest extent allowed by applicable law.

INDEMNIFICATION
You agree to indemnify and hold harmless the Foundation and its officers, trustees, directors, employees, agents, affiliates, third-party information providers, licensors, and others involved in the Website or the delivery of information via the Website, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorney's fees, arising from any violation by you of this Agreement or your use of the Website or any or information obtained from this Website.

COMMENTS AND SUBMISSIONS

The Foundation welcomes your comments. All comments, suggestions, or other information sent by you to this Website for internal use by the Foundation or in response to solicitations on this Website will become the Foundation's property, and you agree that all intellectual property rights therein are transferred to the Foundation.

LINKS TO OTHER SITES

The Website may contain links to other websites on the Internet. The Foundation is not responsible for and does not endorse any linked third-party websites, third parties operating such linked websites, or the content, products, or services of any third-party websites, and does not make any representations regarding the quality, content, or accuracy of any third-party site. In general, any website that has an address (or URL) that does not contain “dermatologyfoundation.org” is a linked website. The content of any linked website does not necessarily reflect the opinions, standards, or policies of the Foundation. Linked websites are not under the control of the Foundation, and the Foundation is not responsible for the content of any linked website, any links contained within a linked website, any changes or updates to such websites, or the compliance with applicable laws of such linked websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

COMPLIANCE

The owner of this Website is based in the State of Illinois, USA. The Foundation makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws.

MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Foundation with respect to the Foundation Website, and no other terms that may have been communicated to you orally or in any other manner, including other statements on the Website that are inconsistent or conflict with these Terms of Use, shall have any force or effect. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Website shall be in the state or federal courts, whichever has jurisdiction, located in Cook County, Illinois. You agree to submit to the jurisdiction of such courts. Each party waives any jurisdictional, venue, or inconvenient forum objections to such courts.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

The Foundation's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Foundation nor any trade practices shall be deemed to modify these Terms of Use.

Procedures for Requesting the Removal of Infringing Material
The owner of a copyrighted work (or the agent for the owner) who believes that material posted on this Website infringes on the copyrighted work may request that the allegedly infringing material be removed from the Website by notifying the Foundation designated agent for such purposes. The notice of alleged copyright infringement must:

  • identify in sufficient detail the copyrighted work claimed to have been infringed;
  • provide the electronic or physical signature of the copyright owner or a person authorized to act on the owner’s behalf;
  • include a statement by the copyright owner or authorized agent that he or she has a good faith belief that the disputed use is unauthorized;
  • include a statement that the information contained in the request is accurate and an attestation, under penalty of perjury, that the requesting party is the copyright owner or authorized agent; and
  • include the copyright owner or authorized agent’s name, mailing address, telephone number, and email address.A notice of alleged copyright infringement may be submitted to the Foundation designated copyright agent by mail or email as set forth below:Dermatology Foundation
    1560 Sherman Avenue, Suite 500
    Evanston, IL 60201-4808
    Email: dfgen@dermatologyfoundation.org

Please note that anyone who submits a false notice and materially misrepresents that content on the Website is infringing may be liable for damages, including court costs and attorneys’ fees. Upon receiving a proper notice, the Foundation will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of the owner’s claim. The Foundation also will advise the alleged infringer of the statutory counter-notification procedure described below by which the alleged infringer may respond to the claim and request that his or her material be restored.

Anyone who believes his or her own copyrighted material has been removed by the Foundation from the Website as a result of mistake or misidentification may submit a written counter-notice to the Foundation designated copyright agent. To be effective, a counter-notice must:

  • identify the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
  • include a statement consenting to the jurisdiction of the federal district court in which the submitting party’s address is located, or if the address is outside the United States, for any judicial district in which the service provider may be found;
  •  include a statement that the submitting party will accept service of process from the party that filed the notice of alleged copyright infringement or the party’s agent;
  • provide the submitting party’s name, address, and telephone number;
  • include a statement under penalty of perjury that the submitting party has a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • include the submitting party’s physical or electronic signature.A counter-notice may be submitted to the Foundation designated copyright agent by mail or email as set forth below:
    Dermatology Foundation
    1560 Sherman Avenue, Suite 500
    Evanston, IL 60201-4808
    Email: dfgen@dermatologyfoundation.org

Please note that the above is not a substitute for legal advice. Contact your attorney for legal advice to better understand your rights and obligations under the DMCA and applicable laws.