Last modified: 05/01/2022

Please read these terms of service (these “Terms“) carefully as they form a contract between you and mohs-guy.com operated and by Dr. Herb Skingineering LLC that governs your access and use of the website located at http://www.mohs-guy.com and its related content and services that allow individuals to communicate with health care providers (each a “Provider” and collectively, the “Providers“) (collectively, the “Service“). If you do not agree to be bound by these terms and the privacy policy, then please do not use the Service and if you have any questions please contact the compliance officer in writing to the aforementioned address. By accessing or using the Service, you agree to have read, understood, and agreed to be bound by the following Terms of Service. We reserve the right to update the Terms from time to time, which go into immediate effect. You may use the Services only if compliant with these Terms and only if you are not barred under any applicable laws and have the power to form a contract with the Website and operator, who also do not provide any warranties for the Services. This contract also limits Website’s liability to you and subjects due to binding arbitration in the event of a dispute between you and mohs-guy.com, wholly owned and operated by Dr. Herb Skingineering LLC. More details are located in subsequent sections. ot wish to agree to these Terms, do not access or use any part of the Service.

Definitions

(a)    “Personal Information” is any information you provide to the Service and includes, but is not limited to the following:

• demographic information such as name, address, phone number or email address, age, gender, occupation or ethnicity

• Medical history 

• computer/device information

• Any other information that can be reasonably linked to you

(b) “Service Provider” is any entity that performs supportive functions for development or maintenance of the Service for mohs-guy.com including but not limited to software or website designers and data storage providers.

Changes to these Terms

Mohs-guy.com and its owner/operator may amend these Terms at any time by posting the amended Terms on the Site and such amendmendments will be effective upon posting the revised version of these Terms on the Service (or such later effective date as may be indicated at the top of the revised Terms). We may also notify you via the Service and/or by email to the email address associated with your account. If you do not agree to the Terms as amended, you must not use your account and cancel the Service. Your continued use of the Service after the date the amended Terms is posted will constitute your acceptance of the amended Terms.

User Inquiries

When contacting mohs-guy you must: (a) provide true, accurate, current and complete information about yourself as requested by the Service’s registration form (such information being the “Registration Data“); and, (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You must not permit any other person to use your account. You are responsible for the security of your passwords and for any use of your account. Website reserves the right to restrict who is eligible for additional communication and reserves the right to reject or revoke your account, in its sole discretion, at any time without liability.

Your Use of the Service; Provider Access

Subject to your continued compliance with these Terms, we will use commercially reasonable efforts to provide the Services to you on a non-exclusive, non-transferable, and revocable basis. We reserve the right, in our sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Website at any time. We may add or remove functionalities or features, and or suspend or stop a Service altogether, at any time and without prior notice to you.

Certain portions of the Website may be used to allow a patient to share certain Personal Information and communicate with the Service or Provider, which may in turn submit Personal Information about a patient through the Service. In addition, a Provider may permit its/his/her staff and other authorized users within its/his/her facility or office to use the Website or Service to access their patient Personal Information and communicate with the patient.

You understand that any decision to use the Service is entirely voluntary. 

If you are a patient, you acknowledge that; (a) Website is relying on you to review and assess the qualifications of your Providers; (b) Website is not responsible for any such entity misidentifying itself or any misuse of the data by such Providers or their authorized personnel. 

If you are a patient, your access to the Services may be terminated by: (a) you by contacting Mohs-guy.com at 786-664-7489 or by using any online functionality that mohs-guy.com may provide from time to time; (b) by your Provider or (c) by Website and/or its operator. However, copies of all of your Personal Information previously disclosed to any Providers may remain in the possession of such Providers. The Website cannot, and has no obligation to, remove such information from the Provider’s records.

Not an Emergency Service  

Communications between patients and Providers through the Service are not in “real-time”, and should not be used for urgent or emergency situations. Website does not provide any medical services. The Service does not provide emergency or urgent medical services. Please call 911 or your health care provider if you believe you are experiencing a medical emergency or if you need urgent care. 

Third-party Content & Services

Website may enlist third-party services such as electronic medical records available through the Service. If you elect to use any service Website adds to or enables within the Service, such election constitutes your authorization and consent to sharing your Personal Information with all authorized third-parties, for which Website is not responsible. M does not endorse any third-party content or services, and does not make any representations or warranties regarding their quality, content or accuracy. Website further does not endorse any third-party Service Providers (including Providers), products, services, opinions, or web sites accessed through the Service. Use of third-party services and reliance on their content is solely at your own risk and Website may not be held liable for any damages arising out of or related to your use of any third-party service or content.

Not Medical Advice

You acknowledge and consent that neither Website nor the Service offers medical advice unless the user is seen in clinic or in person or virtually for consultation. Any content or data submitted through the Website is for informational purposes only and is not a substitute for the professional judgment of health care providers in diagnosing and treating patients. Website and its operator and owner are not responsible for the accuracy, timeliness, or completeness of any content you obtain through the services or your personal information, or for any reliance by you or any medical professional on your personal information within the service. 

Modification and Termination

Website and/or its operators and/or owners may modify, suspend or terminate all or any portion of the Website or Service at any time without prior notice and assumes no liability for any information removed from the Website or Service. Upon any termination of your access to the Website or Service, you must cease all use of the Website or Service.

The content on the Website is intended to be general information and is provided only as a service. It is not medical advice and should not be taken as medical advice. It should not be used to diagnose or treat a health condition and is in no way meant to be a substitute for professional medical care.

As Mohs and skin surgery and surgical approaches change daily and every potential patient is unique, Website does not warrant (either expressed or implied) the accuracy, completeness or appropriateness of this information to anyone. This website could contain inaccuracies or typographical errors. A personal consultation would be necessary to gather the appropriate personalized details including more complete information on choices, alternatives and possible complications for making the right cosmetic surgery decisions. Website and/or its operators and/or its owners will not be liable for any direct or indirect, incidental or consequential damage caused by use or misuse of this worldwide website. This would include lost revenues, profits or loss of future earnings.

Results vary; those of the photographs are exceptional. Photos contained within the gallery pages are patients who gave written consent to use their photographs. Photos on the home page, headers, and the skin care pages are stock photos and we may also use stock images on particular pages and blog posts that are not intended to be actual patients. No images are meant to reflect any expectation of surgical outcome. 

Some of the photos on this website may be graphic and of a medical nature. All photos are intended for a mature audience. If photos of this nature are offensive to you please do not view our photo galleries or procedure pages. Viewers under the age of 18 should view the content of this website with parental permission only.

Exclusion of Warranties

The Website is provided on an “as is” basis, meaning that neigher the Website and/or its operators and/or owners nor any of the Website and/or its operators and/or owners licensors or third party service providers make any express warranties. Each disclaims all implied warranties with respect to the Website, such as warranties of accuracy, fitness for a particular purpose, non-infringement, merchantibility and neither Website and/or its operators and/or owners nor Website and/or its operators and/or owners third party service providers and operators make any warranty that the content on the Website satisfies government regulations requiring disclosure of information for prescription drug products, here in the United States, and in any other country from which the Website is accessed.

Limitation of Liability

The the fullest permitted extent by law, neither Website and/or its operators and/or owners nor their respective third party operators and contractors and service providers may be held liable under this agreement for any damages of any kind, under any legal theory, arising out of or in connection with the use of, or inability to use, the Website, its associated services, including any direct, indirect, incidental, consequential, special, or punitive damages including but not limited to personal injury, lost profits or damages resulting from delay, interruption in service, viruses, deletion of electronic files or communications, service interruptions, wrongful death, or errors in representations on the Website, whether or not there exists negligence on the part of Website and/or its operators and/or owners, and even if Website and/or its operators and/or owners was advised of the possibility of any such damages. Neither the Website and/or its operators and/or owners nor the Website and/or its operators and/or owners’ third party contractors, service providers, or service providers may be held liable under this agreement for more than the greater of $10 or any fees paid or payable by you to the Website and/or its operators and/or owners prior to the initial submission of communication from you to Website and/or its operators and/or owners through Website, telephone, or written correspondence. The mentioned limitations in this section apply to you only to the extent that they are lawful in your jurisdiction. The limitations along with exclusions apply if this remedy does not fully compensate you for any losses or failure of its essential purpose.

Arbitration

These Terms will be construed and enforced in accordance with the laws of the State of Florida without regard to the conflicts of law provisions thereof. You expressly agree that any claim or controversy arising out of or related to these Terms, the Services, or any information transmitted of stored via the Services will be settled by binding arbitration to be held in the Miami-Dade area before a single arbitrator, in accordance with the commercial arbitration rules of the American Arbitration Association. Any such claim or controversy will be arbitrated on an individual basis and will not be consolidated with a claim of any other party. Each party will bear its own costs relating to such arbitration, and the parties will equally share the arbitrator’s fees. Judgment on any award resulting from such arbitration may be entered in any court having jurisdiction. 

Notices

We may send you, in electronic form, information about the Service, follow up communications or additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the Service or inquiring through the Website. You may provide legal notice to us via email to info@mohs-guy.com with a duplicate copy sent via registered mail, return receipt requested, to the following address: Attn: Compliance Officer Doris Paula; 710 West 27th Street, Hialeah, FL 33010. Any such notice, in either case, must specifically reference that it is a notice given under these Terms.

By inquiring on Website, you consent that we may send you communications or data regarding the Services, including but not limited to (a) notices about your use of the Services, including any notices concerning violations of use; (b) updates; and, (c) promotional information and materials regarding Mohs-guy.com products and services, via electronic mail.

General Legal Terms

Website may assign, transfer, or otherwise dispose of its rights and obligations, in whole or in part, at any time without notice. You may not assign or transfer any rights to use the Service.

The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.

If any provision of these Terms (or any part thereof) is unenforceable under or prohibited by any present or future law, then such provision (or part thereof) will be amended, and is hereby amended, so as to be in compliance with such law, while preserving to the maximum extent possible the intent of the original provision. Any provision (or part thereof) that cannot be so amended will be severed from these Terms; and, all the remaining provisions of these Terms will remain unimpaired.

The Website’s electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

These Terms do not confer any rights, remedies, or benefits upon any person other than you.