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Terms and Conditions

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Legal Notice

This Internet site is designed as an introduction to the practice of Dr. Michelle Yagoda. By accessing, browsing or using this Internet site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. You must be at least 18 years of age to request information from and/or purchase products on this Internet site without the involvement of a parent or guardian. If you do not agree to these terms, please do not use this Internet site.

Fitness, Nutrition, & Health Information

Information presented on Michelle R. Yagoda, M.D., P.C. web sites is intended to impart general fitness, nutrition and health information. Michelle R. Yagoda, M.D., P.C. is not engaged in rendering medical advice or services online. The information presented on this site is not intended for diagnostic or treatment purposes. You should consult your doctor for medical advice or services, including seeking advice prior to undertaking a new diet or exercise program. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

Please note Michelle R. Yagoda, M.D., P.C. may have some web sites or portions thereof, that may be clearly directed to medical professionals and the information contained on these web sites is not intended for general audiences.

Kid’s policy (individuals under 13 years of age)

Michelle R. Yagoda, M.D., P.C. is committed to protecting the safety of children online. In compliance with the Children’s Privacy Protection Act of 1998, Michelle R. Yagoda, M.D., P.C. will not knowingly request or use personal information from children under 13 years of age without prior parental consent. If Michelle R. Yagoda, M.D., P.C. receives actual knowledge that a subscriber is under 13 years of age, Michelle R. Yagoda, M.D., P.C. will eliminate all personal information relating to this subscriber from our files.

Disclaimer

The information ​contained in this website ​relates to medical and health-related topics. It is not meant to be a substitute for the advice ​of a reputable and experienced physician​. While the ​ ​testimonials are actual unsolicited comments from real patients of Dr. Michelle Yagoda, and while reviews are from professional colleagues, it is important to note that results may vary from person to person.

Use Of Site

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Michelle R. Yagoda, M.D., P.C. and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Michelle R. Yagoda, M.D., P.C. believes that customer/patient conduct violates applicable law, the requested assistance is not medically indicated, or is harmful to the interests of Michelle R. Yagoda, M.D., P.C. and its subsidiaries

HIPAA Notification

There are inherent confidentiality risks in communicating electronically. While safeguards are in place to ensure your privacy, you should not use email communication if you are concerned about any breaches of privacy that might inadvertently occur. Electronic communication may contain information that may be privileged, confidential or otherwise protected from disclosure. If you are not the intended addressee of any electronic communication, any disclosure, copying, distribution or use of the contents of electronic correspondence (including attachments) is prohibited. If you have received an electronic correspondence in error, please notify the sender immediately and destroy the original message and all copies.

Privacy Policy

Michelle R. Yagoda, M.D., P.C.’s use of personal information that you may submit to Michelle R. Yagoda, M.D., P.C. through this Web site is governed by the Michelle R. Yagoda, M.D., P.C. Privacy Policy.  If you have any questions regarding the use of our site or our privacy policy, please contact us at: Michelle R. Yagoda, M.D., P.C., 1025 Fifth Avenue, NYC, NY 10028 or info@dryagoda.com.

Changes to the Privacy Policy

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of the change. We reserve the right to modify this privacy statement at any time, so please review it frequently.

Contacting Us

When contacting us on our Web site, we will collect your name, e-mail address, and perhaps your mailing address and phone number. This information is necessary for us to respond to your query and to keep you updated. Often, we will run contests and promotions. If you participate, we may request your name, mailing address, e-mail address and other information in order to administer the promotion and notify winners. When you submit a request, review or comment to us, we may ask you for your e-mail address. When you visit our Web site, we also collect IP addresses in aggregate form, but these are not linked to any of your personally identifiable information. We may from time to time conduct on-line surveys. When you complete a survey on-line, we may ask for certain information from you, including your age, zip code, shopping habits, e-mail and/or mailing address. We do not use an outside marketing agency for surveys or email. It is all conducted internally to keep your information secure.

Opting Out of Newsletters

You may be a subscriber to our newsletters. Also, we may occasionally send you information on special offers, promotions or product updates. If you ever decide you no longer wish to receive these communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication, or by opting out by unsubscribing, by emailing info@dryagoda.com with the word “unsubscribe” in the subject line, or by writing to us at the address below: Michelle R. Yagoda, M.D., P.C., 1025 Fifth Avenue, NYC, NY 10028.

Security

The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our site, please contact us as indicated below.

When you place an order on our Web site, we will use your information to process and fill your order. We may send you an e-mail to confirm or update you on your order. We may also need to contact you by regular mail, e-mail or phone if we have any questions regarding your order.

When you sign up for our newsletter, order, register, complete a survey or participate in any contest or promotion on our Web site, we will use the information you provided to us to send you e-mail or regular mail from us regarding products, services or other contests and promotions that we think may be of interest to you. We may also use information you provide to us to personalize your shopping experience by using your product interests and purchase information to recommend other products, services or promotions that we believe may interest you. We may also notify you of functionality changes to the Web site. In addition, in an effort to better service our customers and improve the shopping experience on our site, we may from time to time aggregate your information with information of other customers to help us analyze trends, purchasing patterns and preferences, and demographics.

No Warranty

Michelle R. Yagoda, M.D., P.C. provides the information in this Internet site “as is” without any warranties or representations, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. This information is not intended to diagnosis or treat any medical condition. This information is not a substitute for seeking the advice and care of your own physician. Reasonable efforts are taken to ensure that the content of this Internet site is accurate and up-to-date. However, Michelle R. Yagoda, M.D., P.C. makes no warranties or representations about accuracy, correctness, currency, reliability or completeness of the information provided. The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Michelle R. Yagoda, M.D., P.C. makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.

Michelle R. Yagoda, M.D., P.C. SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Michelle R. Yagoda, M.D., P.C. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Michelle R. Yagoda, M.D., P.C. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Michelle R. Yagoda, M.D., P.C. shall not be liable for any direct, incidental, consequential, indirect, punitive or special damages or injury arising out of or resulting from access to, inability to access or use of any content in this site, including, without limitation, any damages relating to lost data, computer failure or malfunctioning or otherwise. Michelle R. Yagoda, M.D., P.C. does not warrant that this Internet site or host server will be maintained free of viruses or other items of a destructive nature. The information contained in this Internet site is for general information purposes only. This Internet site is provided as a service to its visitors. Michelle R. Yagoda, M.D., P.C. reserves the right to delete, modify or supplement the content at any time for any reason and without prior notice. The inclusion of material on this server does not imply any endorsement by Michelle R. Yagoda, M.D., P.C. which makes no warranty of any kind with respect to the subject matter of the server materials advertised. Before relying on any representation made in any of the server materials, check with your physician to ensure that the information you are relying upon is correct.

Copyright

All content appearing on this Web site is the property of: Michelle R. Yagoda, M.D., P.C. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Michelle R. Yagoda, M.D., P.C. and Opus Skincare, LLC, 1025 Fifth Avenue, New York, NY 10028.

The contents of this Internet site including, but not limited to, any and all trademarks, service marks, trade names, designs and products featured in this site are the sole property of Michelle R. Yagoda, M.D., P.C. By furnishing information, Michelle R. Yagoda, M.D., P.C. does not grant any licenses to any copyrights, patents or any other intellectual property rights. You may download information for your personal use for non-commercial purposes, but modification or further reproduction of the content is not permitted. The content may otherwise not be copied or used in any way.

Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of Michelle R. Yagoda, M.D., P.C. Nothing contained herein shall be construed as conferring by implication, written, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Michelle R. Yagoda, M.D., P.C. or any third party, except as expressly granted herein.

Linking

This Site may contain links to other websites. These links are to companies or organizations we believe you may have an interest in. Michelle R. Yagoda, M.D., P.C. has not reviewed all the websites linked to the Site and is not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk. Please be mindful of this as you link to other outside websites.

In general, Michelle R. Yagoda, M.D., P.C. does not object to links to this Site from third-party websites. However, you must abide by the following rules. Unless we have a written agreement with you, you may not use any of Michelle R. Yagoda, M.D., P.C. trademarks, logos or slogans in or with your links. Do not present the link to this Site in any way that suggests Michelle R. Yagoda, M.D., P.C. has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with Michelle R. Yagoda, M.D., P.C. to do so. You may link to this Site using the plain text name of the Site. Link only to the home page of this Site. Do not, without Michelle R. Yagoda, M.D., P.C.’s written permission: (a) incorporate any content from this Site into your website (e.g., by in-lining or framing); (b) use any Michelle R. Yagoda, M.D., P.C. names, trademarks, slogans, or any other words or codes identifying Michelle R. Yagoda, M.D., P.C. Site in any “metatag”. Michelle R. Yagoda, M.D., P.C. will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Michelle R. Yagoda, M.D., P.C. and its products. Michelle R. Yagoda, M.D., P.C. reserves the right to cancel permission to link at any time, for any reason.

This site may contain links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other sites. This privacy statement applies only to information collected by this site. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information.

Cookies

“Cookies” are small pieces of information stored by your browser on your computer’s hard drive. Cookies do not contain personally identifying information. Most web browsers are set up to accept cookies; you can usually change your browser settings to refuse cookies.

We use cookies to enhance your shopping experience at our site, to allow you to navigate quickly, and to keep track of items when you shop on-line. Cookies are not used on our site to store your account information; this information is stored securely on the site’s server. When you log in at the site with your username and password or make a purchase, we will assign you a secure session id. The server then passes your information to you through this secure session id. Also, we will use cookies to monitor and maintain information about your use of our site. We also use cookies to track the identity of the Web site you visited immediately prior to visiting our site. Otherwise, we will not track information about your use of other web sites.

Void Where Prohibited

Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Michelle R. Yagoda, M.D., P.C. and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

Governing Law

In the event of litigation both parties agree that the Law of the State of business registration of Michelle R. Yagoda, M.D., P.C. shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

Miscellaneous

The Terms and Conditions constitute the entire agreement between you and Michelle R. Yagoda, M.D., P.C. with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Michelle R. Yagoda, M.D., P.C. with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Michelle R. Yagoda, M.D., P.C. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

Return Policy

Customer satisfaction is Michelle R. Yagoda, M.D., P.C.’s ultimate goal! Therefore, our satisfaction guarantee means that if we have made an error with your order, or you have received your order in a damaged or faulty condition, you can return it to us within 14 days of the date you received the item, unopened (with any seals and/or shrink wrap intact) and we will issue a full refund for the price you paid for the item less any shipping and/or handling charges. Please note: We can only accept the return of unopened items purchased at DrYagoda.com as described above. For health and safety reasons, we can not accept the return of any opened products. If you have purchased your product at a retail location, spa or salon, please contact that vendor for details regarding their return policy.

To enable us to process your refund efficiently:

1. Please contact Michelle R. Yagoda, M.D., P.C.’s Customer Service at info@dryagoda.com or at 212.861.1212 to obtain a valid return authorization number (RMA). In order to receive this, you must present a valid return request as outlined above.

2. Wrap the item securely in its original packaging with all accompanying documentation.

3. Write your RMA number on the copy of your receipt and enclose your receipt in your return parcel. Be sure to mark the RMA number on the outside of your parcel as well.

4. Send the package (by recorded delivery system) to the address below:

Michelle R. Yagoda, M.D., P.C.
1025 Fifth Avenue
New York, NY 10028
USA

5. We will notify you via e-mail when we have received and processed your refund.

6. Any items sent without a valid RMA number will be confiscated. No credit will be given.

International Orders

Please note that the above requirements apply as well. When these criteria are met, a credit in the amount of order, excluding the international shipping fees, taxes, customs and applicable duty, will be refunded. For any order where delivery is refused by receiver (except for reason of damaged packaging), the cost of the product will be fully refunded less any and all applicable round-trip shipping fees, customs or duties.

Payment Options

Merchandise may be purchased from this Web site by any one of the payment options listed in (link to Payment Options). Michelle R. Yagoda, M.D., P.C. reserves the right to change its payment procedures at any time without prior notice.

Shipping and Delivery Options

A range of shipping options and their associated fees are provided at check-out. Please note that it is the policy of some carriers not to ship to P.O. boxes or APO’s. International shipments are subject to customs clearance and duties. These are all the responsibility of the customer. Any packages that are denied by the customer for any reason except damage, will be refunded for the actual cost of the product minus any charges for shipping, customs and/or duties. The risk of loss and title for all merchandise ordered on this Web site passes to the Customer when the merchandise is delivered to the shipping carrier.

Free Shipping

Free shipping may be available from time to time as a special promotion but is always valid only within the continental US.

Special Note Regarding International Shipments

Purchaser acknowledges that importing products into another country from the US may result in an assessment of duty at the time of import to your country. You understand that you are financially responsible for this duty and any/all customs fees, brokerage fees, import taxes and VATs associated with its import into your country. The recorded delivery carrier you select, will deliver your package, and will require you to pay any and all of the above-mentioned fees at the time of the delivery via “COD” – that is “cash on delivery”. Once the product is shipped, the purchaser accepts full responsibility for any and all such fees, regardless of whether the shipment is accepted. If, for any reason, the purchaser refuses delivery of the order, said purchaser will be responsible for all round trip shipping charges, duties, taxes, customs, export and import fees associated with the package’s travel route.

Sales Tax

Michelle R. Yagoda, M.D., P.C. charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.