Terms Of Service – Manhattan Dermatology Specialists

Last modified: June 13, 2019

TERMS OF SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ
THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT
ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS
EFFECTIVE AS OF 11/01/2017.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with Manhattan Dermatology Specialists, also known as Manhattan Dermatology Specialists, located at 51 East 25th St, 4 Fl, Ste 3, New York, New York 10010 and our subsidiaries and affiliates, in association with the use of the Manhattan Dermatology Specialists website, which includes manhattandermatologistsnyc.com, (the “Site”) and Susan Bard, MD dermatologist and dermatology specialists and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is a news and information website medical which has the following description:

Our site is the source of information about dermatology related conditions and procedures. This information is intended for patients looking to learn about our practice and make an appointment to see one of our physicians. This information is only intended to provide guidance, not definitive medical advice. Please consult a doctor about your specific condition. Only a trained physician can determine an accurate diagnosis and proper treatment. Terms and conditions are subject to change.

Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the
purpose of this TOS.

The user acknowledges and agrees that the Services provided and made available through our website and
applications, which may include some mobile applications, and that those applications may be made
available on various social media networking sites and numerous other platforms and downloadable
programs, are the sole property of Manhattan Dermatology Specialists. At its discretion, Manhattan
Dermatology may offer additional website Services and/or products, or update, modify or revise any
current content and Services, and this Agreement shall apply to any and all additional Services and/or
products and any and all updated, modified, or revised Services unless otherwise stipulated. Manhattan
Dermatology does hereby reserve the right to cancel and cease offering any of the aforementioned
Services and/or products. You, as the end user, acknowledge, accept and agree that Manhattan
Dermatology shall not be held liable for any such updates, modifications, revisions, suspensions or
discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user understands, acknowledges, and agrees that the Services offered shall be provided “AS IS,” and as such, Manhattan Dermatology shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication or personalization settings.

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by the
Manhattan Dermatology Specialists Online Privacy Policy (see the full Privacy Policy at
https://www.manhattandermatologistsnyc.com/privacy-policy/). As a member, you herein consent to the
collection and use of the information provided, including the transfer of information within the United
States and/or other countries for storage, processing, or use by Manhattan Dermatology Specialists and/or our
subsidiaries and affiliates.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting, and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

1. are not on the list of prohibited individuals who may be identified on any government export
   exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
   any other government which may be part of an export-prohibited country identified in applicable
   export and import laws and regulations;
2. agree not to transfer any software, technology, or any other technical data through the use of our
   network Services to any export-prohibited country;
3. agree not to use our website network Services for any military, nuclear, missile, chemical or
   biological weaponry end uses that would be a violation of the U.S. export laws; and
4. agree not to post, transfer nor upload any software, technology, or any other technical data which
   would be in violation of the U.S. or other applicable export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Manhattan Dermatology Specialists shall not lay claim to ownership of any content submitted by any visitor or
user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant
and allow for Manhattan Dermatology Specialists the below listed worldwide, royalty-free and non-exclusive
licenses, as applicable:

1. The content submitted or made available for inclusion in the publicly accessible areas of Manhattan
   Dermatology’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt,
   publicly perform and/or publicly display said Content on our network Services is for the sole
   purpose of providing and promoting the specific area to which this content was placed and/or made
   available for viewing. This license shall be available so long as you are a member of Manhattan
   Dermatology’s sites and shall terminate at such time when you elect to discontinue your
   membership.
2. Photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly
   accessible areas of Manhattan Dermatology Specialists’s sites, the license provided to permit to use,
   distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
   network Services are for the sole purpose of providing and promoting the specific area in which this
   the content was placed and/or made available for viewing. This license shall be available so long as you
   are a member of Manhattan Dermatology Specialists’s sites and shall terminate at such time when you elect
   to discontinue your membership.
3. For any other content submitted or made available for inclusion in the publicly accessible areas of
   Manhattan Dermatology Specialists’s sites, the continuous, binding, and completely sub-licensable license
   which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly
   perform and/or publicly display said content, whether in whole or in part, and the incorporation of
   any such Content into other works in any arrangement or medium current used or later developed.
   Those areas which may be deemed “publicly accessible” areas of Manhattan Dermatology Specialists’s sites are
   those such areas of our network properties that are meant to be available to the general public, and which would include message boards and groups that are openly available to users.

CONTRIBUTIONS TO COMPANY WEBSITE

Manhattan Dermatology Specialists provides an area for our users to contribute feedback to our website. When
you submit ideas, documents, suggestions, and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

1. your contributions do not contain any type of confidential or proprietary information;
2. Manhattan Dermatology Specialists shall not be liable or under any obligation to ensure or maintain
   confidentiality, expressed or implied, related to any Contributions;
3. Manhattan Dermatology Specialists shall be entitled to make use of and/or disclose any such Contributions
   in any such manner as they may see fit;
4. the contributor’s Contributions shall automatically become the sole property of Manhattan
   Dermatology; and
5. Manhattan Dermatology Specialists is under no obligation to either compensate or provide any form of
   reimbursement in any manner or nature.

INDEMNITY

All users herein agree to insure and hold Manhattan Dermatology Specialists, our subsidiaries, affiliates, agents,
employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third party which may arise from any
content a user of our site may submit, post, modify, transmit or otherwise make available through our
Services, the use of Manhattan Dermatology Specialists Services or your connection with these Services, your
violations of the Terms of Service and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial
reason any part, use of, or access to Manhattan Dermatology Specialists’s sites.

MODIFICATIONS

Manhattan Dermatology Specialists shall reserve the right at any time it may deem fit to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior
notice. In addition, we shall not be held liable to you or to any third party for any such alteration,
modification, suspension, and/or discontinuance of our Services or any part thereof.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Manhattan Dermatology Specialists shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

LINKS

Either Manhattan Dermatology Specialists or any third parties may provide links to other websites and/or
resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such
external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content,
products, advertising, or any other materials, on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that Manhattan Dermatology Specialists shall not be responsible or
liable, directly or indirectly, for any such damage or loss which may be a result of, caused, or allegedly to be
caused by or in connection with the use of or the reliance on any such content, goods, or Services made
available on or through any such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Manhattan Dermatology Specialists’s Services and any essential
software that may be used in connection with our Services (“Software”) shall contain proprietary and
confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Manhattan Dermatology Specialists or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or created any plagiaristic works which are based on Manhattan Dermatology Specialists Services (e.g., Content or Software), in whole or part.

Manhattan Dermatology Specia