Welcome to the online consultation suite for Dr. Shirley Madhère. We love having options, so we've extended some to you! If you are short on time to come in to one of Dr. Madhère's New York City offices (www.thenewaesthete.com) or you simply want a basic question answered about some "work" that you've been considering, we present you with Click-Lift.com! This site provides you with an opportunity to get some of your most pressing plastic surgery, cosmetic medicine, and beauty questions answered by Dr. Madhère or one of her professional associates. Please note, however, that the team members will not answer urgent questions or deal with any medical or aesthetic emergencies. In addition, this site is not a forum for critical medical issues. Dr. Madhère's Click-Lift is designed to provide you with limited answers to some of your more common questions relating to beauty and plastic surgery, both reconstructive and cosmetic, as well as non-surgical aesthetic procedures.
© 2011, Shirley Madhère, MD
Welcome to the www.click-lift.com website (the "Site").
We attempt to be as accurate as possible when answering your inquiries on the Site. However, to the extent permitted in absence of a formal in-office consultation, history, and physical examination, we do not warrant that the responses are complete, nor do the answers you receive substitute for an in-person evaluation by a physician.
All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of Shirley Madhère, M.D., P.C. , our affiliates and designated associates, partners or licensors, and is protected by United States and international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Shirley Madhère, M.D., P.C. , our designated affiliates and associates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.
Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or Content (except caching or as necessary to view the Site); (iii) make any use of the Site or Content other than personal use; (iv) create any derivative work based upon either the Site or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site, unless those officially and specifically related to Shirley Madhère, M.D., P.C., are for convenience only and are not an endorsement by us. We are not responsible for examining or evaluating the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and any changes are effective immediately.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION
Information Disclosed Without Your Consent. Under State and federal law, information about you may be disclosed without your consent in the following circumstances:
Emergencies. Sufficient information may be shared to address the immediate emergency you are facing.
As Required by Law. This would include situations where we have a subpoena, court order, or are mandated to provide public health information, such as communicable diseases or suspected abuse and neglect such as child abuse, elder abuse, or institutional abuse.
Coroners, Funeral Directors. We may disclose personal health information to a coroner or personal health examiner and funeral directors for the purposes of carrying out their duties.
Governmental Requirements. We may disclose information to a health oversight agency for activities authorized by law, such as audits, investigations inspections and licensure. There also might be a need to share information with the Food and Drug Administration related to adverse events or product defects. We are also required to share information, if requested with the Department of Health and Human Services to determine our compliance with federal laws related to health care.
Criminal Activity or Danger to Others. If a crime is committed on our premises or against our personnel we may share information with law enforcement to apprehend the criminal. We also have the right to involve law enforcement and to warn any potential victims when we believe an immediate danger may exist to someone, or if we believe you present a danger to yourself.
1. Collection of Personally Identifiable Information by www.click-lift.com
We do not collect personally identifiable information about you, except when you provide it to us. For example, if you decide to complete a user registration form or online survey, you may be asked to provide certain information such as your contact information (name, e-mail address, mailing address, and telephone number), age group, gender and product and/or cosmetic concerns, and the products you use. If you decide to submit an inquiry, we will also need your billing address, credit card number and expiration date. You are responsible for the protection of your personal information. If you would prefer that we not collect any personally identifiable information from you, please do not provide us with any such information.
2. Use of Personally Identifiable Information by click-lift.com
a. Opt-In/Opt-out Email
Opt-In: If you opt-in during the Site registration process or at other times when you submit personally identifiable information, the information you provide may be used by www.click-lift.comto create and deliver you emails such as our newsletters, surveys or other email messages containing product and event information, cosmetics tips or promotions ("Opt-In Emails"). If you prefer not to receive such Opt-In Emails, please do not opt-in to receive these emails.
Opt-Out: You may opt-out of receiving future Opt-In Emails from www.click-lift.com when you register at the Site or otherwise provide your contact information to Shirley Madhère, M.D., P.C. You may opt-out of receiving future Opt-In Communications from www.click-lift.com when you register at the Site.
b. Email communications to Serve You
If you have elected to provide us with your contact information, e.g., by registering at the Site, we may provide you with service related announcements or updates concerning the Site or the practice and/or its associates.
3. No Disclosure of Personally Identifiable Information for Third Party Marketing Without Your Consent
We will never provide your personally identifiable information to third parties for their use in marketing their products or services to you without your consent.
4. Disclosure of Personally Identifiable Information
a. Fraud Protection and Compliance with Law
We may disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.
b. Service Providers
c. Special Events
If you elect to participate in any promotions, sweepstakes, surveys, questionnaires or other events during your visit to our Site, the rules or terms and conditions for those events may indicate that your personally identifiable information will be shared with third parties. By choosing to participate and submitting your personally identifiable information with respect to such events, you consent to disclosure of your personally identifiable information to such third parties.
5. Use of Aggregate Information
We may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing marketing plans.
6. Children under 16
If you are under 16 years of age, you may browse our Site. You may not provide personal information to us, and you may not submit an inquiry for consideration. This Site is not designed for children or persons under the age of 16, and we do not knowingly collect personally identifiable information from any children under 16.
We implement various security measures in accordance with industry standards to protect the security of your personal information both online and offline.
9. Notification of Changes
10. Your information
Please note that once you have submitted an inquiry, your question will be sent to Dr. Shirley Madhère for review. If your question is chosen to be answered, you will receive an e-mail message to go to the third party payment center. Your information will not be stored on click-lift.com. We are not responsible for the policies, procedures, and functioning of any external or third party website, including those that may process your payment upon acceptance of your inquiry.
Since click-lift.com offers non-tangible, irrevocable goods in the form of a service ("e-consult"), we do not issue refunds once the transaction has been completed and the response to the online inquiry has been delivered. As a customer /client ("User"), you are responsible for understanding this before proceeding through the site and filling in the questionnaire, and before you complete your submission to the online service. Agreement to the terms and use of this site results in a non-refundable transaction since the service provided (e-consult) is not returnable.
2. After agreeing to the site's policies, the User will proceed to complete the online questionnaire in as much detail as possible as to provide sufficient information to render a non-specific but appropriate response;
3. The User must enter payment information on the site when prompted to do so if and only when the submitted inquiry has been approved and accepted for response via the online consultation ("e-consult"). No payment will be due until a response to the User's online inquiry is generated;
4. The physician or other qualified health professional has a defined period of time (typically but not exclusively 3-5 business days) within which responses to an online inquiry ("e-consult") are completed; and
7. Online consultations or "e-consults" should be a payable physician service of $100 USD (one hundred and fifty US dollars), as long as a response is generated by the physician or other health care professional. If additional information is required or requested by the User, it is advised that the User seek a formal consultation with his or her medical or surgical professional or through the office of Shirley Madhère, M.D.;
8. User payment will only be processed if the online inquiry is selected as appropriate and a response is provided by a physician or other health care professional.
What is a Card Verification Value (CVV)?
The Card Verification Value (CVV) is a 3-digit number found on the signature panel on the back of your credit card. It is an additional safeguard that helps us validate your purchase and protect against fraud. It is not contained in the magnetic stripe information and is therefore not printed on sales receipts.
Where is the CVV located?
VISA & MASTERCARD
You can find your card verification code on the reverse side of your credit card, printed into the signature field. It is a 3-digit group for MasterCard and Visa.
The American Express Card verification code is a 4-digit number printed on the front of your card. It appears after and to the right (above) of your card number.