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These Terms and Conditions of
Use apply to you when you view,
access or otherwise use the web
site located at
www.kirbydermatology.com
(the "Site"). By accessing or
using the Site, you are
acknowledging that you have
read, understand, and agree
without limitation or
qualification to be bound by
these terms and conditions of
use. The Site is owned by Dr.
Will Kirby ("Dr. Will Kirby").
He grants you a nonexclusive,
nontransferable, limited right
to access, use and display the
Site and the materials provided
hereon, provided that you comply
fully with these Terms and
Conditions of Use. Dr. Will
Kirby reserves the right to
change these Terms and
Conditions of Use at any time,
and you agree that each visit to
the site shall be subject to the
current Terms and Conditions of
Use.
The information and advice
contained in or made available
through this website is for
educational purposes only and is
not intended to replace the
services of a healthcare
professional or to be a
substitute for the medical
advice of physicians. The user
should regularly consult a
physician in all matters
relating to his or her health,
particularly in respect to any
symptoms that may require
diagnosis or medical attention.
Dr. Will Kirby makes no
representations or warranties
with respect to any treatment,
action, or application of
medication or preparation by any
person following the information
offered or provided within or
through this website.
1. Privacy.
Your use of the Site constitutes
your consent to Dr. Will Kirby's
privacy policy posted from time
to time on the Site.
2. Copyright Notice.
All materials and software
published on or used on the Site
are protected by copyright, and
are owned or controlled by or
licensed to Dr. Will Kirby, or
the party listed as the provider
of the materials or software.
UNAUTHORIZED COPYING,
REPRODUCTION, REPUBLISHING,
UPLOADING, POSTING, TRANSMITTING
OR DUPLICATING OF ANY OF THE
MATERIAL IS PROHIBITED. You may
download any downloadable
materials displayed on the Site
only for personal, noncommercial
and informational purposes,
provided that the documents are
not modified and provided you
maintain and abide by all
copyright, trademark and other
notices contained in such
material or if none, you include
the following copyright notice
in such downloaded materials:
© Copyright 2008 Dr. Will Kirby.
All rights reserved. All use
subject to Terms and Conditions
of Use set forth at
http://www.kirbydermatlogy.com
3. Commercial Use of Dr.
Will Kirby Site Materials and
Screen Shots.
Reproduction, copying, or
redistribution of materials on
the Dr. Will Kirby Site for
commercial purposes is
prohibited without the express
written permission of Dr. Will
Kirby. Any use, reproduction, or
distribution of material on this
Site which constitutes the
personal information, property,
or photograph or other depiction
of any particular Dr. Will Kirby
attorney may also be subject to
state and federal privacy and
other laws requiring the
specific written consent of the
individual attorney. To obtain
permission to copy portions of
this site, please send email to
press@kirbydermatology.com and
provide the following
information in the body of the
email:
- the content you wish to use;
- where, when and how it will be
used (for example, a seminar,
newsletter or news article);
- where and how copies will be
distributed and to what
audience;
- how many copies will be
produced and distributed;
- what other materials will be
associated with the Dr. Will
Kirby content; and
- your name, title, company,
address, email address and phone
number.
We will evaluate and respond to
your request as soon as
possible. Dr. Will Kirby
reserves the right to refuse
permission to copy, distribute,
broadcast, or publish any of its
copyrighted material, including
text and images on the Site.
You many not provide links to
images or text on Dr. Will
Kirby's website for commercial
purposes without prior express
written consent. Upon request
that you remove any link to the
Site, you shall immediately
remove such link.
4. Service Mark Notice.
"Dr. Will Kirby," and other
related marks are service marks
of Dr. Will Kirby and are
protected by law. They may be
used publicly only with
permission from Dr. Will Kirby.
Fair use of the service marks
requires proper acknowledgment.
ALL RIGHTS RESERVED.
5. Links to Other Sites
and/or Materials. Links
may appear on the Site that may
be used to link to other Sites.
These links are provided solely
as a courtesy to our Site
visitors. Dr. Will Kirby has no
control over the linked Sites or
the materials, information,
goods or services available or
contained on these linked Sites.
Dr. Will Kirby is not
responsible for and does not
endorse or warrant in any way
any materials, information,
goods or services available
through such linked Sites or any
privacy or other practices of
such Sites. If you decide to
access any of the linked Sites,
you do so entirely at your own
risk. Dr. Will Kirby reserves
the right to terminate any link
at any time.
6. Prohibited Actions.
You agree not to interrupt, or
attempt to interrupt, the
operation of the Site in any
way. Unauthorized use or
modification of any information
stored on the Site may result in
criminal and/or civil
prosecution under Federal, State
and local law. You may not use
the Site for anything other than
a lawful and legitimate purpose.
You agree not to use the Site to
carry out any unauthorized
alteration of any data or
information on the Site or to
conduct any activity that
infringes on the copyright,
patent, trademark, service mark
or other rights of any person or
entity. You shall not restrict
or inhibit any other user from
using and enjoying any service
conducted on the Site. The Site
is not intended for use by
anyone under the age of 19. We
reserve the right to limit or
deny your access to the Site or
take other appropriate action if
you violate any provision of
these Terms and Conditions of
Use or if you conduct any
activity that violates the
rights of any person or entity,
or which we in our sole
discretion deem unlawful,
offensive, threatening, abusive
or potentially harmful or
malicious.
7. Modification of Terms
and Conditions of Use.
Dr. Will Kirby reserves the
right to revise these Terms and
Conditions of Use at any time by
updating this posting. Your
continued use of the Site
constitutes your agreement to
comply with such revisions, so
you should visit this page from
time to time.
8. Email May Not Be Used
to Provide Notice.
Communications made through the
Site's e-mail and messaging
system shall in no way be deemed
to constitute legal notice to
Dr. Will Kirby or any of its
officers, employees, agents or
representatives, such as where
notice to Dr. Will Kirby is
required by contract, or any
federal, state or local laws,
rules or regulations.
9. Disclaimer;
Limitation of Damages.
Dr. Will Kirby expressly
disclaims all liability for any
viruses or other contamination
of your computer system or other
device used to access this Site
as a result of your use of this
Site, and expressly disclaims
all liability for actions taken
or not taken based on any or all
of the contents of this Site.
THE SITE IS PROVIDED "AS IS",
WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE, TITLE, SECURITY,
ACCURACY AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING,
Dr. Will Kirby MAKES NO WARRANTY
OR REPRESENTATION, EITHER
EXPRESS OR IMPLIED, THAT ACCESS
TO OR OPERATION OF THE SITE WILL
BE UNINTERRUPTED OR ERROR FREE.
USE OF THE SITE IS AT YOUR OWN
RISK. YOU ASSUME FULL
RESPONSIBILITY AND RISK OF LOSS
RESULTING FROM YOUR DOWNLOADING
AND/OR USE OF FILES,
INFORMATION, OTHER
COMMUNICATIONS, CONTENT OR OTHER
MATERIAL (INCLUDING, WITHOUT
LIMITATION, SOFTWARE) ACCESSED
THROUGH OR OBTAINED BY MEANS OF
THE SITE.
To the extent permitted by law,
Dr. Will Kirby will not be
liable for any indirect,
special, incidental,
consequential, or punitive
damages of any kind related to
the Site whether as a breach of
contract, tortuous behavior,
negligence or any other cause of
action, even if Dr. Will Kirby
has been advised of the
possibility of such damages.
10. Applicable Laws;
Venue. Dr. Will Kirby
operates the Site from its
offices in Torrance, California,
and makes no representations
that materials in the Site are
appropriate or available for use
in other locations. The display
of the Site alone does not
subject Dr. Will Kirby to any
specific jurisdiction. Access to
the Site from any territory
where the content is illegal is
prohibited. If you choose to
access the Site from other
locations, you do so at your own
risk and are solely responsible
for compliance with any and all
applicable laws, rules and
regulations. You may not use or
export any of the Site materials
in violation of U.S. export laws
and regulations. Any claim
related to the use of the Site
or to the Site materials shall
be governed by, construed and
enforced in accordance with the
laws of the State of California
as applied to agreements made
and to be performed entirely
therein. Any action arising out
of or related to the access,
use, content, or existence of
this Site shall be filed only in
the appropriate state or federal
court located within the State
of California. The access,
viewing or use of this Site
constitutes the user's express
permission and consent to the
jurisdiction of the state and/or
federal courts of the State of
California for purposes of such
actions.
11. Accuracy of
Information. Dr. Will
Kirby strives to accurately and
completely describe its products
and provide updated information
on the Site; however, Dr. Will
Kirby does not warrant that
product descriptions and
information on the Site are
complete or free from error.
12. Suggestions and
Feedback. Dr. Will
Kirby welcomes feedback or
inquiries about our products.
Any unsolicited suggestions will
be treated as non-confidential
and non-proprietary. Any and
all rights to materials and
ideas submitted to us become the
exclusive property of Dr. Will
Kirby.
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