Terms Of Use

Derm Surgery Terms & Conditions Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on 03-20-2026

This Terms of Use Agreement sets forth the standards of use of the DermSurgery Associates, PA Online Service. By using the dermsurgery.org website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at dermsurgery.org website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

DermSurgery Associates, PA is providing Member with information about our services and the ability to provide personal information to us. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties.

The site is provided by DermSurgery Associates, PA on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, DermSurgery Associates, PA makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise DermSurgery Associates, PA shall have no liability for any interruptions in the use of this Website. DermSurgery Associates, PA disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

DermSurgery Associates, PA offers and maintains this Web site to provide information of a general nature about the conditions requiring the services of a Dermatologist, Dermatological Surgeon and cosmetic dermatologist. The information is provided with the understanding that DermSurgery Associates, PA is not engaged in rendering surgical or medical advice or recommendations.

Any information in the publications, messages, postings, or articles on this web site should not be considered a substitute for consultation with a board certified Dermatologist to address individual medical needs. Individual facts and circumstances will determine the treatment that is most appropriate. This information is meant for residents of the state of Texas and any others who read it do so at their own risk.

3. Limitation of Liability

DermSurgery Associates, PA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR DermSurgery Associates, PA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF DermSurgery Associates, PA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

Member agrees to indemnify and hold DermSurgery Associates, PA, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

DermSurgery Associates, PA reserves the right to modify or discontinue the Service with or without notice to the Member. DermSurgery Associates, PA shall not be liable to Member or any third party should DermSurgery Associates, PA exercise its right to modify or discontinue the Service. Member acknowledges and accepts that DermSurgery Associates, PA does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

7. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While DermSurgery Associates, PA makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

DermSurgery Associates, PA makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. Governing Jurisdiction of the Courts: TEXAS

Our website is operated and provided in the State of Texas. As such, we are subject to the laws of the State Texas, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Texas.

9. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 DermSurgery.org, with all rights reserved, or is the property of DermSurgery Associates, PA and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of DermSurgery Associates, PA is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of DermSurgery Associates, PA.

DermSurgery Associates, PA and DSA Surgery Center are proprietary marks of dermsurgery.org. DermSurgery Associates, PA’s trademarks may not be used in connection with any product or service that is not provided by DermSurgery Associates, PA, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DermSurgery Associates, PA.

All other trademarks displayed on DermSurgery Associates, PA’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with DermSurgery Associates, PA.

11. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, DermSurgery Associates, PA designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail Dr. Leonard Goldberg DermSurgery Associates, PA, 6700 W. Loop South , Suite 500, Bellaire, TX 77401

By Telephone: 713-791-9966

12. Botnets

DermSurgery Associates, PA retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, DermSurgery Associates, PA reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

13. SMS Messaging

Purpose of SMS Notifications

Our SMS notifications are designed to:

• Remind you of your scheduled appointments or other meetings with Derm Surgery personnel.
• Inform you of upcoming services, payment reminders, and other essential notifications related to Derm Surgery.

Opt-In and Consent

By providing your phone number and opting into our SMS notifications, you confirm that you are the owner or authorized user of the phone number as provided below in this agreement. You further consent to receive recurring automated text messages (SMS, MMS) from us on your provided phone number regarding your scheduled consultations, account updates, offers, and other important notifications. Consent is not required to make any purchase from us. Message frequency may vary, but you can generally expect to receive between 1-5 messages per week.

Opt-Out Instructions

Your consent to receive automated texts is entirely voluntary. You may opt-out at any time:

• To stop receiving messages, reply “STOP,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “QUIT” to any SMS message from us.

After you opt out, you will receive a final confirmation message, and no further messages will be sent to your number unless you re-enroll.

Help and Support

If you are experiencing issues with our SMS notifications or need assistance, you can:

• Reply with the keyword “HELP” to any message.

Message and Data Rates

Standard message and data rates may apply for any messages sent to you from us and from you to us. Please consult your mobile service provider for details regarding your text plan or data rates.

Privacy and Data Security

We value your privacy and are committed to protecting your personal information. Your data will be used solely for the purposes described in this policy, such as managing your consultations, processing payments, and ensuring proper communication regarding your services.

We do not sell, rent, or share your personal information with third parties for marketing purposes. We may share your information with third parties only as required by law, for billing and payment processing, or to fulfill our contractual obligations.

Data Retention

We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, including legal, accounting, or reporting requirements. After this period, your data will be securely deleted or anonymized.

Compliance with Regulations

We comply with all relevant laws and regulations, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines. Our practices ensure that you can easily manage your preferences, and we provide clear instructions for opting in or out of our SMS notifications.

Indemnification

You agree to indemnify, defend, and hold us harmless from any privacy, tort, or other claims, including claims under the TCPA or any state law equivalents, arising from your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes to your mobile telephone number.

Participation Requirements

To participate in our SMS notifications service, you must:

• Be 18 years of age or older.
• Own a wireless device capable of two-way messaging.
• Be a subscriber to a wireless service with text messaging capabilities. Please note that not all mobile carriers support this service.

Dispute Resolution and Arbitration Related to SMS

By using our SMS notifications service, you agree to resolve any disputes with us on an individual basis and not as part of any class or representative action. You waive your right to a trial by jury and agree that any claims will be resolved through final and binding arbitration. If you do not agree to these terms, please do not participate in the service.

Miscellaneous

You warrant and represent that you have the necessary rights, power, and authority to agree to these Terms and Conditions and that your participation in this service does not violate any other contract or obligation. If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect. We reserve the right to modify these Terms and Conditions at any time. Any updates will be communicated to you via SMS or email, and your continued participation in the service constitutes acceptance of the modified terms.

Contact Information

If you have any questions or concerns about these Terms and Conditions or our privacy practices, please contact us using our contact form

Full Privacy Policy

For more detailed information on how we collect, use, and protect your data, please review our full Privacy Policy.

14. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by DermSurgery Associates, PA, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.