Disclaimer

Acceptance of these terms

These Terms of Use and Medical Disclaimer (the “Terms”) govern your access to and use of www.darrensmithmd.com (the “Website”), which is operated by Darren M. Smith, M.D., P.C., the plastic surgery practice of Darren M. Smith, MD, FACS (the “practice,” “we,” or “us”), located at 111 East 57th Street, Ground Floor, New York, NY 10022.

By accessing or using the Website, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not use the Website.

The website is informational

The Website describes the practice, its physician, its on-site surgical center, and the procedures and treatments the practice offers. The content of the Website, including text, photographs, illustrations, video, and any downloadable material, is provided for general informational and educational purposes only.

Nothing on the Website is medical advice. The content is not a substitute for a consultation, examination, or diagnosis by a qualified physician who knows your medical history and has examined you in person. Whether any procedure or treatment described on the Website is appropriate for you can be determined only in a consultation with Dr. Smith or another licensed physician. Do not rely on the Website to make decisions about your health or medical care, and do not delay seeking or disregard professional medical advice because of something you have read on the Website.

No physician-patient relationship

Viewing the Website, reading its content, submitting the consultation request form, or communicating with the practice by email, telephone, or text in response to the Website does not create a physician-patient relationship between you and Dr. Smith or the practice. A physician-patient relationship is established only after you have been seen in consultation and the practice has agreed to accept you as a patient.

The consultation request form is a general contact form for scheduling purposes. Please do not send medical records, photographs, or detailed medical information through the form. The practice cannot provide medical advice in response to a form submission, and information you send through the form is not reviewed by a physician for clinical purposes.

Emergencies

The Website is not monitored for urgent messages, and the consultation request form is not an appropriate way to report a medical problem. If you have a medical emergency, call 911 or go to the nearest emergency room immediately. If you are an existing patient and have a question about your recovery or a concern after a procedure, call the practice directly at (212) 633-0627 and follow the after-hours instructions you were given at the time of your procedure.

Results vary; photographs are not guarantees

Plastic surgery and non-surgical aesthetic treatments produce results that vary from person to person. Outcomes depend on individual anatomy, health, healing, age, skin quality, lifestyle, adherence to post-treatment instructions, and other factors that cannot be fully predicted before treatment.

The before-and-after photographs on the Website are of actual patients of the practice and are displayed with those patients' written consent. They illustrate results achieved by particular patients and are not a promise, prediction, or guarantee of the result any other patient will achieve. Photographs may be cropped or resized for display but are not otherwise altered to change the appearance of the result.

Any description of a procedure's typical results, recovery time, or risks on the Website is general in nature. The risks, benefits, alternatives, and expected results specific to you will be discussed during your consultation and documented in your informed consent.

Testimonials and reviews

Patient testimonials and reviews that appear on the Website reflect the personal experience and opinion of the individual who provided them. They are not representative of every patient's experience, and they do not guarantee that you will have a similar experience or result. The practice does not compensate patients for testimonials. Testimonials may be edited for length or clarity but not for meaning.

Third-party websites and financing partners

The Website contains links to websites and services that are owned and operated by third parties, including social media platforms and the financing companies CareCredit and Alphaeon Credit. These links are provided for your convenience. The practice does not control third-party websites and is not responsible for their content, accuracy, availability, privacy practices, or terms. A link does not imply endorsement by the practice.

CareCredit and Alphaeon Credit are independent companies that offer patient financing. The practice does not extend credit, does not make credit decisions, and is not a party to any credit agreement between you and a financing company. Your application for and use of financing are governed solely by the financing company's terms, and any dispute about financing must be directed to that company. Approval for financing is not guaranteed and is not a condition of treatment.

Insurance

The practice is out of network with all insurance plans. Nothing on the Website should be read as a representation that any procedure or treatment is covered by insurance or that you will receive reimbursement. Where a procedure may be eligible for out-of-network benefits, the practice will help you obtain the documentation needed to seek reimbursement from your insurer, but the determination of coverage rests with your insurer.

Intellectual property

The Website and all of its content, including text, graphics, logos, photographs, video, page layout, design, and the selection and arrangement of that material, are owned by Darren M. Smith, MD, FACS or licensed to the practice and are protected by United States and international copyright, trademark, and other intellectual property laws. Copyright 2026 Darren M. Smith, MD, FACS. All rights reserved.

You may view, download, and print pages from the Website for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not otherwise reproduce, distribute, modify, publicly display, create derivative works from, or commercially exploit any content from the Website without the prior written permission of the practice. In particular, patient photographs on the Website are displayed under limited consents given by those patients and may not be copied, downloaded, or reused for any purpose.

The name Darren M. Smith MD FACS and the logos and marks displayed on the Website are the property of the practice. Nothing on the Website grants you any license to use them.

Acceptable use

You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use of the Website by, anyone else. You agree not to submit false or misleading information through the consultation request form; to use the form to send unsolicited commercial messages; to attempt to gain unauthorized access to the Website or any system connected to it; to introduce malicious code; to scrape, harvest, or collect information from the Website by automated means; or to interfere with the proper working of the Website.

The consultation request form uses an anti-automation service to reduce spam. Your use of that service is subject to its provider's terms and privacy policy.

Disclaimer of warranties

The Website and its content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the practice disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, with respect to the Website and its content.

The practice makes reasonable efforts to keep the Website accurate and current, but does not warrant that the content is complete, accurate, or up to date, that the Website will be available without interruption or error, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components. Medical knowledge and practice standards change over time, and content on the Website may not reflect the most recent developments.

Limitation of liability

To the fullest extent permitted by applicable law, the practice, Dr. Smith, and the practice's employees, contractors, and agents will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of data or loss of use, arising out of or in connection with your access to or use of, or inability to access or use, the Website or its content, whether based on contract, tort, negligence, or any other legal theory, even if the practice has been advised of the possibility of such damages.

To the extent the foregoing limitation is not permitted, the practice's total liability to you for all claims arising out of or relating to your use of the Website will not exceed one hundred dollars.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law. Nothing in these Terms limits the practice's professional responsibilities to patients under the physician-patient relationship, which is governed by the informed consent and other agreements made in the course of care, not by these Terms.

Indemnification

You agree to indemnify and hold harmless the practice and Dr. Smith from any claim, loss, or expense, including reasonable attorneys' fees, arising out of your violation of these Terms or your misuse of the Website or its content, including any unauthorized use of patient photographs.

Governing law and venue

These Terms and any dispute arising out of or relating to them or to your use of the Website are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Any legal action arising out of these Terms or your use of the Website shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.

Changes to these terms

The practice may revise these Terms at any time by posting the revised Terms on this page and updating the date at the top. Changes take effect when posted. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms. You are responsible for checking this page periodically.

Severability and entire agreement

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. These Terms, together with the Privacy Policy and Accessibility Statement, constitute the entire agreement between you and the practice regarding your use of the Website. Nothing in these Terms modifies any informed consent, financial agreement, or other document you sign as a patient of the practice.

Contact

Questions about these Terms may be directed to Darren M. Smith, M.D., P.C., 111 East 57th Street, Ground Floor, New York, NY 10022; by telephone at (212) 633-0627; or by email at info@darrensmithmd.com. Office hours are Monday through Friday, 9:00 AM to 5:00 PM.