This Privacy Policy (this “Policy”) applies to the software and information services we offer through our website located at www.dermonclinic.com, our cloud-based electronic health record and practice management solutions, and web-enabled emails sent as part of, in connection with, or relating to such software and information services (collectively, our “Services”). This Policy does not apply to any other services. Maintaining your trust is important to us, and we strongly encourage you to read this Policy in full. 

The purpose of this Policy is to describe how we and our partners collect, use, and share information about you. This Policy may incidentally describe how our Services gather and use information about other individuals or information about you that may be submitted by another user. This Privacy Policy, however, only applies to how we and our partners collect, use, and share information about you with respect to the Services covered by our Terms of Use, and not to any other service we may offer to any other individual or customer.

Some of our users – such as healthcare providers – are subject to laws and regulations governing the use and disclosure of health information they create or receive, including the Health Insurance Portability and Accountability Act of 1996, as amended from time to time, together with the regulations adopted thereunder (“HIPAA”). When we store, process or transmit “individually identifiable health information” (as defined by HIPAA) on behalf of a healthcare provider, we do so as its “business associate” (as also defined by HIPAA). Under this agreement, we cannot use or disclose individually identifiable health information in a way that the provider itself may not. We are also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity, and availability of the individually identifiable health information we store and process on behalf of such providers. For the purpose of this Policy, the term “healthcare provider” means any user who is a “health care provider” (as defined by HIPAA) or any user who is a member of such health care provider’s “workforce” (as also defined by HIPAA).

Information Collected by Our Services

Information You Submit or We Collect on Your Behalf:

We collect information from you when you:

• Enter information on our Services, such as when you register for our Services, use our Services to send a message to someone else, or complete a form;
• Upload a document, image, or other data file on our Services;
• Contact us; or 
• Make a customer service request or attend one of our individual or group training sessions.

Information we collect about you may include your name, address, telephone number, email address, or the information you enter on or upload to our Services.

Automatically Collected Information:

We and our partners automatically gather information whenever you visit, log in, or otherwise interact with our Services, including when you receive emails delivered via our Services. We and our partners use the technologies described below and similar technologies that may not be expressly described (which we collectively call “Engagement Tools”) to gather this information to enhance and operate our Services in a number of ways, such as to:

• Save user preferences and information;
• Preserve session settings and activity;
• Authenticate users;
• Enable support and security features;
• Tailor the delivery of informational messages, media, advertising and other content; and
• Analyze the performance and use of our Services and its various features and content.

Even if you do not register with us or submit any information on our Services, our Engagement Tools will automatically receive information about, and the software running on, the computer, mobile phone, or tablet (each, a “Device”) you use to interact with our Services. 

Device Information: When you interact with our Services, we collect information about your Device such as the URL of services your Device is requesting and the referring web pages, your IP address, Device type, operating system, browser type, application identifier, and, under certain circumstances, the location information your Device sends to us. 

Cookies & Similar Technologies: We and our partners collect information about you and your Devices through cookies, web beacons, and similar technologies. A “cookie” is a small data file sent from a website and stored on your Device to identify your Device in the future and allow for an enhanced personalized user experience based on your previous activity on the website. A “session cookie” disappears after you close your web browser, or may expire after a fixed period of time. A “persistent cookie” remains after you close your web browser and may be accessed every time you use our Services. We and our partners may use both session and persistent cookies on our Services. You should consult your web browser to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may not be able to use certain features of our Services. 

Some of our partners deploy these technologies directly on our Services. These third parties may collect information over time about your use of our Services, as well as your online activities across other websites or online services. Some third parties may allow you to opt-out of targeted advertising based on this information. You can find more information about these opt-outs from the Network Advertising Initiative (NAI) and the Digital Advertising Alliance (DAA). 

Information from Other Sources:

We may receive or proactively gather information about you from other sources and add it to information we otherwise have about you for any purpose described in this Policy. This may include situations where a third party seeks to communicate with you through the Services or establish an “Integration” (as more fully described below under the heading, Third Party Integrations).

How We Use Information

We may use the information we collect for the following purposes:

• Operating our Services and developing new functionality and features;
• Responding to questions and communications, or obtaining your feedback about our Services;
• Administering and logging your participation in educational and informational programs, including webinars and other classes, and any product or support matters that may arise from such programs;
• Preparing and delivering announcements about features, functionality, terms of use, or other aspects of our Services or your interests and informing you about offers for services or products we believe may be of interest to you, including from third party sponsors;
• Providing you with more relevant content, including clinical support tools, assessments or medical-related information or services, patient support programs, advertising, or other programs appearing on our Services or third-party services;
• Analyzing usage trends and patterns and measuring the effectiveness of content, programs, advertising or the features or functionality of the Services, including emails that may be sent by us to you;
• Preparing reports for any of the purposes described in this Policy, including for current or future sponsors, advertisers or other partners to show utilization or trends about the use of our Services. Such reports may include demographic or other general user information, but will not include personally identifiable information unless the recipient has agreed to confidentiality obligations;
• Safeguarding and protecting our Services, the information we collect, and the rights of us, our users or third parties, and in response to legal process; 
• Any other purpose described in this Policy; or 
• When we otherwise have your permission.

How our Services Allow Users to Share Information:

One-on-One Communications:

Our Services can be used to facilitate one-on-one communications between users and other persons. Examples include:

• Sending an appointment confirmation or other notification to another user; 
• Making a referral to another healthcare provider; 
• Sending a prescription to a pharmacy; 
• Sending a test requisition to a clinical laboratory; or 
• Sending a message to a patient.

In any one-on-one communication, users are sending information to one another or to an individual or entity who may not be a user of the Services. Depending on the message, this could include the sharing of contact and other personally identifiable information. 

Public Forums:

Our Services include public forums that allow users to communicate with groups of users or the general public. Information a user posts in one of our communities may be available to a wide range of individuals, and should be presumed public. We strongly advise users to exercise care in selecting what information they share with our communities or public forums, and strongly recommend against sharing any personally identifiable, health, or other sensitive information that could directly or indirectly be traced to any individual, including themselves.

Surveys, Feedback, Informational Programs:

From time to time you may receive survey requests through emails or displays within our Services that request feedback on a variety of topics. These programs may be sponsored or funded by third parties, and may include branded or unbranded content about medical conditions, treatments and products, or safety and regulatory information resources. If you choose to engage with or use one of these requests, you may be asked to provide information that may be used to supplement information that you submitted to our Services. This information may be shared with the sponsor of the program.

Records:

Our Services allow users to store personally identifiable and health information (“Records”), including Records that identify other individuals, including other users. Certain of our Services permit users to share all or portions of these Records at their discretion.

You should be aware that this Policy covers only the information you submit through our Services. If you contact or exchange information with another user in person or through a means other than our Services, such activity is not covered by this Policy. Because our Services enable users to share information you share with them, you should take care in selecting with whom you share your Records and other information. Although our Services process such transmissions, we are not responsible for the actions of persons with whom you share your Records and other information.

Emails and Other Communications:

Our Services allow users to communicate with providers through our in-product chat messaging services, Service-branded emails, and other electronic communication channels. Communications that are sent by or on behalf of a user are indicated as being “From” that user, such as when our Services send an appointment notification from, and on behalf of, a healthcare provider to his or her patient. Additionally, we may communicate administrative or Service-related announcements through email or other communications within our Services. These communications may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates – such as a repeated sign-in failure or an appointment notification. Please note that you may not be able to opt out of receiving certain messages from us.

Emails and other communications from individuals who are not users of our Services, or that we send in connection with business agreements, are not covered by this Policy. If, for example, you contact us regarding a job opening, that communication to us is not covered by this Policy even though that job opening may have been posted on our Services. 

Third Party Integrations

Our Services may allow you to connect your account on our Services with third parties, such as when a healthcare provider seeks to integrate our electronic prescribing module into our partner’s national electronic prescribing network, or when a healthcare provider approves us integrating or linking his or her account with a third parties’ billing software (any such integration, an “Integration”). Integrations can also be initiated by third parties seeking to establish Integrations with you, such as when a clinical laboratory desires to transmit lab results directly into a healthcare provider’s electronic health record account rather than transmitting the result by fax or other means. Your use of these Integrations is entirely optional. Should you choose to utilize these Integrations, you may be prompted to give us permission to perform certain actions in your account, such as creating, updating or deleting certain information. Please note that if you choose to utilize any Integration, any information you elect to provide to third parties will be subject to whatever agreement you have with them, including, if applicable, their terms of use or privacy policy, and not this Policy.

Sharing of Information

We may share information you submit to us with third parties under the following circumstances:

• When you choose to share such information through our Services, such as “one-on-one” communications between a provider and a patient or another healthcare provider;
• When your account has been issued by an account administrator with administrative rights over your account, your account administrator will have access to your account information;
• With third party service providers that have agreed to confidentiality obligations, which may include, as applicable, business associate contract obligations; 
• If you receive any honoraria or payment in connection with a survey or request for feedback, your information may be shared with the funding source or sponsor of such survey or program;
• To protect our Services, the information we collect, and the rights of us, our users, and any third parties, including to verify your identity;
• To detect, prevent, investigate, or address fraud, illegal activity, or violations of our terms and agreements;
• In response to legal processes, such as a search warrant, court order, or subpoena, or when we have a good faith belief that the law requires us to do so;
• With our current and future subsidiaries or corporate affiliates or actual or potential investors;
• In connection with a potential or actual sale, merger, transfer, exchange, reorganization or other disposition (whether of assets, stock, or otherwise) of all or a portion of the business conducted by our Services. If such a transaction occurs, the acquiring company’s use of your information will remain subject to this Policy, as may be subsequently amended;
• Any other purposes described in this Policy; or
• When we otherwise have your permission.

Security

To help prevent unauthorized access, maintain data accuracy, and protect against the inappropriate use of the information we collect, store, and transmit, we deploy a range of technical, physical and administrative safeguards. Under applicable law, we are required to apply reasonable and appropriate measures to safeguard the confidentiality, integrity, and availability of individually identifiable health information residing on, and processed by, those elements of our Services that we operate as a business associate on behalf of healthcare providers. It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our Services.

Third Party Services

This Policy applies only to our Services. It does not apply to services offered by third parties, including websites and other online services that our Services may display links to or to advertisements appearing within the Services. When you click on such links or advertisements, you will be visiting websites or interactive services operated by third parties, who have their own information collection practices and may also collect information through the use of Engagement Tools. We do not have control over how any third party collects or uses information, so you should review their privacy policies to learn of their practices.

Changes to this Policy

We believe in continuous innovation, which, along with changes in our business, may require that we amend this Policy from time to time. We will post a revised Policy along with its effective date on this page. Because this Policy can change at any time, we encourage you to reread it periodically to see if there have been any changes, amendments, or updates. If you object to the changes or any terms within this Policy, you should discontinue using our Services. Your continued use of our Services following the effective date means that you have consented to the Policy, as amended, changed, or updated. 

Viewing and Updating Your Information

Our Services aim to provide you with access to the information you submit and the means to update it within our Services consistent with applicable law. This can be accomplished by logging into our Services and updating that information, or contacting a customer support representative, although please be advised of the important limitations described below. Under certain circumstances, we may ask you to verify your identity before your request is processed.

Please note that, unless you have administrative rights over another user’s account, you are not entitled to access, update, or delete the content of another user’s account. 

If you have used our Services to share information with another user or a third party, you will not be able to access, update, or delete that shared information. Further, if another user of our Services submits information that identifies you, you will not be able to access, update, or delete that information. 

Certain users – such as healthcare providers – may be required under applicable laws or regulations to retain information about you for extended periods of time or indefinitely. Additionally, we may have independent obligations under applicable laws or regulations to retain such information indefinitely. Finally, for disaster recovery and business continuity purposes we retain copies of data stored by our Services for indefinite periods of time.

HIPAA grants patients certain rights to access and amend certain health information that their healthcare providers retain about them. Patients should submit requests to access or amend their health information directly to their healthcare providers.

These terms of use (these “Terms”) apply to visitors as well as registered users of Dermon LLC websites located at www.dermonclinic.com  (our “Site”) branded information and technology services accessible through the Sites and related mobile applications (our “Services”). Please review these Terms carefully. Please also review our Privacy Policy, which describe how we and our partners collect, use, and share certain information when you use our Services. By accessing our Services, you are agreeing to these Terms and the applicable privacy policy

1. Accessing our Services

1.1 Public Services

We make some Services available without registering or obtaining a password. We call these “Public Services.” You may make personal, non-commercial use of the Public Services so long as you comply with these Terms. This personal use includes linking to information appearing in the Public Services, provided you do not represent yourself as an employee, agent or representative of Front Line Telemedicine, LLC. Personal use also includes temporary caching by your browser or a proxy server.

If you operate a free, public search engine that has made a public commitment to adhering to the robots.txt protocol, together with our Sitemaps and Crawl-delay directive (collectively, the “Protocol”), you may crawl, index and publish hyperlinks (including so-called “deep links”) to the Public Services, so long as (i) you do so in compliance with the Protocol instructions published in applicable locations on our Services, (ii) you do not directly or indirectly receive remuneration in connection with the provision or display of said hyperlinks and cached pages, and (iii) if your user-agent is disallowed by us in our Protocol instructions or we otherwise notify you in writing, you shall cease all crawling of our Services. We call such a free, public search engine satisfying the requirements of clauses (i) through (iii), a “Public Search Engine,” and the Public Search Engine’s combined performance of clauses (i) through (iii), collectively, “Public Search Services.” We may revoke the foregoing authorizations at any time as indicated in our Protocol instructions.

We reserve all rights not expressly granted to you. This means that if you wish to use the Public Services in a way that is not authorized above, you must receive our permission prior to such use.

1.2 Protected Services

Some of our Services are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share using our Services. We call these “Protected Services.” One such safeguard is requiring each user to be authenticated by means of authorization (which we call, “Credentials”), such as unique identifiers, API keys, passwords, and the like. In order to obtain Credentials, you must provide certain information about yourself. If you are registering for a Protected Service, or accessing or using, or attempting to access or use, a Protected Service on behalf of, or for the benefit of, someone other than yourself – such as your employer, client or customer (each, a “Principal”) – you must also identify and provide information about each Principal.

We reserve the right to suspend or terminate your access to any Protected Service at any time, with or without cause or notice. We shall not be liable to you in any way if we suspend or terminate your access to a Protected Service or our Services.

1.3 Additional Safeguards

To further protect the confidentiality, integrity and availability of the information housed and shared on our Services, as well as the stability of our Services, you agree to the following additional safeguards. Accordingly, you agree that you will not, nor will you attempt to:

• access, use or disseminate our Services, nor any information or files accessible via our Services, in a manner that violates any applicable law or regulation or the rights of any individual or entity;
• sell or transfer any information included in our Services or use such information to market any product or service – including by sending, or facilitating the sending of, unsolicited emails or so-called “spam;”
• probe, scan or test the vulnerability of our Services, or of the system or network supporting our Services, or circumvent any security or authentication measures;
• disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures we have implemented to safeguard the stability of our Services, or the confidentiality, integrity or availability of any information, content or data hosted or housed on our Services;
• introduce to our Services any software, code or other device that in any way (i) permits unauthorized access to our systems or any software, hardware, files or data located thereon, (ii)disables or damages or otherwise interferes with or adversely affects the operation of our systems or any software, hardware, files or data located thereon, or (iii) overburdens or interferes with the proper functioning of our Services;
• disassemble, decompile or reverse engineer our Services;
• harvest, retrieve, index or publish any portion of our Services unless you are a Public Search Engine engaging in Public Search Services;
• disable or circumvent our API usage safeguards, including safeguards designed to regulate the nature or amount of data you are permitted to extract from our Services, or the frequency of which you may access such data; or make calls to our API other than those authorized in our API documentation;
• remove any copyright, trademark or other proprietary rights notices contained in or on our Services; or
• engage in any activity other than those expressly permitted in these Terms.

1.4 Use of the Services we provide

Dermon Clinic is designed to offer information and a means to enable you to obtain virtual call and in-person consultations and treatment for non-emergency medical conditions by facilitating the connection between you and the healthcare professional through the use of the Application.

DERMON CLINIC IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, DOES NOT PROVIDE MEDICAL SERVICES, AND IS NOT A HEALTHCARE PROVIDER. THE HEALTHCARE PROFESSIONAL WITH WHICH YOU ESTABLISH A TREATMENT RELATIONSHIP IS SOLELY RESPONSIBLE FOR PROVIDING YOU WITH MEDICAL SERVICES. WE ONLY ACT AS A TECHNOLOGY PLATFORM TO CONNECT YOU WITH HEALTHCARE PROFESSIONALS WHO MAY BE INTERESTED IN PROVIDING YOU WITH MEDICAL SERVICES.

 

Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in the Services. If you think you may have a medical emergency, call your healthcare professional or your local emergency number (usually 911) immediately.

1.5 Payment

There is no charge to register with us.  You are charged only when you actually use the Services by scheduling a consultation with a healthcare professional. At present, each consultation costs FORTY-NINE DOLLARS ($49) for a FIFTEEN (15) minute call for the healthcare professional’s time and services, but your payment to them includes a portion that is retained by us for our administrative Services in connection with the Application.

 

DERMON CLINIC RESERVES THE RIGHT TO CHARGE A TWENTY-FIVE DOLLAR ($25) CANCELLATION FEE TO COVER THE COST OF ANY ADMINISTRATIVE EXPENSES OR ANY OTHER COST ASSOCIATED WITH YOUR CANCELLATION PROCESS. THE FEES DESCRIBED WILL BE CHARGED DIRECTLY TO THE CARD PROVIDED IN THE REGISTRATION PROCESS OR MADE PRIOR TO THE REQUESTED APPOINTMENT.

 

The rates that apply for the virtual call or in-person medical consultation services provided by the healthcare professionals can be found on our website. These may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for the medical services made available through the website.

 

We use a third-party payment processor (the “Payment Processor”) to link us to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the website will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor or your credit card issuer. In connection with your use of the Services (and specifically in connection with your scheduling of a virtual call or in-person consultation with a healthcare professional), Dermon Clinic will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy.

 

At present we do not process any insurance claims, nor will the healthcare professionals process claims on your behalf. Although the consultations/treatments you receive from healthcare professionals through the Application may or may not be covered by your insurance, it is solely up to you to contact your health plan, determine whether coverage applies and submit a claim. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.

 

1.6 Use of the Services by and on behalf of Minors

You are not eligible to use our Services (including obtaining a Credential) unless you are at least 18 years old and otherwise have the legal capacity to enter into a binding contract in your jurisdiction.

If you are the parent or guardian of an unemancipated minor, you may use the Services on behalf of such minor. By doing so, you represent and warrant that you have the legal capacity to act on behalf of such minor; and you acknowledge and agree, in such capacity, that all provisions of these Terms that applicable to you are equally applicable to such minor.

Under no circumstances may our Services be used by a child under 13 years old.

2. Nature of the Content Appearing on our Services

2.1 Overview

Our Services may include text, data, graphics, images, video or other content (collectively, “Content”) created by us or third parties, including other users, professionals, partners, advertisers, sponsors, consumers and governmental agencies. The Content is provided for general informational purposes, but should not be relied upon for personal, professional, medical or regulatory decisions. And we do not ensure the completeness, timeliness or accuracy of the Content.

2.2 Blog Posts; Ratings; Surveys; Comments; User-Submitted Content

Our Services may allow you to access blogs, message boards, chat services, surveys and other forums where various users can share information, opinions, chats and other Content. We generally do not pre-screen or monitor user-submitted Content, and such Content may simply represent a user’s opinion or Content a user finds interesting. Our Services may also include survey results, ratings or testimonials (“Evaluations”) from patients, clients or other customers (“Patients”) of healthcare professionals (“Professionals”) that may endorse, recommend, critique, analyze, evaluate or otherwise describe the Professionals and the nature or quality of the services received by such patient, client or customer. Such Evaluations are anecdotal first-hand accounts of individual Patients, and are neither professional judgments nor the product of medical science. Such Evaluations do not in any way constitute or imply our endorsement or recommendation of any Professional. Further, Evaluations are subject to errors and biases that are common in anecdotal first-hand accounts, and should not to be presumed to be reliable or error-free.

2.3 Directories: Physicians, Consultants, and Other Professionals

Our Services may include listings and directories (“Directories”) to help you Professionals. The Directories are provided for your convenience. The Directories are not comprehensive, but rather generally represent Professionals who use our Services and who have chosen to participate in the Directories. Further, we do not evaluate any Professional and the listing of a Professional does not in any way constitute a recommendation of such Professional. Before obtaining services or treatment from any Professional listed in a Directory, you should take the same care you would under any other circumstance, including by confirming licensure and specialty certifications. The Professionals are solely responsible for the appropriateness and quality of the services they provide. Additionally, the Directories rely on information submitted by Professionals themselves. Unless Professionals provide us with current information, the Directory information may not be timely or accurate. You should confirm such information before obtaining services or treatment from a Professional. As a convenience, the Services may permit you to request an appointment with a Professional. However, Professionals are responsible for maintaining their own schedules, and we cannot ensure that any given Professional will be available, nor that such Professional will not cancel his or her appointment.

2.4 Advertising

Our Services may include advertisements or promotional messages sponsored by third parties (collectively, “Ads”). The manufacturers, services providers, distributors and resellers of the products and services identified in the Ads are solely responsible for the accuracy of their Ads and the suitability, efficacy, safety and quality of such products or services. An Ad does not in any way constitute or imply our recommendation or endorsement of such product or service.

2.5 Links to Other Sites

Our Services may contain hyperlinks (including hyperlinked Ads) to websites operated by third parties, or to materials or information made available by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, or the suitability, efficacy, safety or quality of their products or services, or the information privacy or security practices of their websites.

3. Your Interactions and Communications with Us and Our Services

3.1 Visiting Our Websites; Signing-Up for Our Services; Emailing Us

When you sign-up for or log-in to one of our Protected Services, or when you submit information on a web form or email or instant message us, you are communicating with us electronically. When you visit our websites, we and certain third-party service providers collect information during your visit. In each case, the nature of the information we collect, the duration and manner of how we retain it, how we use it, and to whom we disclose it, is governed by our Privacy Policy  as the case may be.

As part of providing our Services to you, we may need to provide you with certain communications, such as service announcements and administrative messages. Such communication may be by email, instant message, a posting on our Services or some other mechanism. You consent to receive such communications from us electronically. If you have submitted information to us through the Services or registered for one or more of the Protected Services, our responses to you or our Service announcements and administrative messages we provide you are considered part of the Services themselves, which you may not be able to opt-out from.

You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy any and all legal requirement(s) that such communications be in writing.

3.2 Your Participation in Our Public Forums

We may offer one or more forums for the exchange of information among our users. You acknowledge that any text, data, graphics, images, video or other content (“Content”) that you submit in any of our forums (including discussion groups, blogs, surveys, ratings, comment forms, or message boards, collectively, “Public Forums”) is available to the public. Notwithstanding the foregoing, we are under no obligation to display any of your Content that you submit, and we reserve the right to remove or edit your Content at any time, for any or no reason.

It is important that you act responsibly when submitting Content to a Public Forum. You acknowledge that any Content that you submit in a Public Forum is available to the public. You are solely responsible for any Content that you post on the Public Forums or transmit to other users of our Services. You acknowledge that any information you post in a Public Forum may be available to the public, and may result in your receiving communications from others outside our Services.

Your participation in our Public Forums is subject to our Community Standards   and is contingent on your acknowledgment and agreement with the following:

• You will only disclose information about yourself on a Public Forum that you consider suitable for public disclosure. You will not disclose information that personally identifies you unless you intend for that information to be disclosed publicly. We strongly recommend that you refrain from disclosing any sensitive information about yourself on a Public Forum, including information about any medical condition.
• You will not violate the privacy rights of others, including disclosing information about anyone else’s medical or financial condition or any other sensitive subjects.
• You will ensure that any Content that you submit to Public Forums is accurate. If you are rating or reviewing a Professional, you agree to provide your honest appraisals of such Professional, without using inappropriate language or making gratuitous personal criticisms.
• You will not post any Content that you do not have the right to post; you will not violate any person’s or entity’s intellectual property or proprietary rights, including copyrights, trademarks or trade secret rights.
• We will not be liable to you for any Content you submit to any Public Forum.

3.3 Removal of Content

You understand and agree that we may, but are not obligated to, monitor, edit or remove any Content for any or no reason at any time. We are not responsible, however, for any delay or failure in removing any Content.

3.4 Reporting Violations

We may provide you with tools with which to report violations of the Community Standards or other provisions of these Terms. Notwithstanding the availability of such tools, you acknowledge and agree that we are under no obligation to take any action with respect to any such report.

3.5 Copyright Policy

We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner, if someone other than you, of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
• Your contact information, including your address, telephone number, and email address.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Inappropriate circumstances, Dermon Clinic will also terminate a user’s account if the user is determined to be a repeat infringer.

 

4. Miscellaneous

4.1 Ownership

You retain ownership of the intellectual property rights you hold in Content you submit on our Services. When you submit Content on our Services, you hereby grant us and those we work with a worldwide, perpetual, royalty-free right to store, host, reproduce, create derivative works of (such as translations, adaptations, reformatted versions and aggregated, anonymized or de-identified versions), publish, publicly perform, display, use and distribute such Content as further described in these Terms and the Privacy Policy  as applicable. 

If you submit to us any ideas, suggestions or proposals (collectively, “Suggestions”) relating to our Services or other products or services by any means – such as through “Contact Us,” by email or other communication channels, one of our communities or user forums, or to our customer support or other personnel.  With respect to such Suggestions (1) we are under no obligation of confidentiality, express or implied, with respect to such Suggestions; (2) we are entitled to use or disclose (or choose not to use or disclose) such Suggestions in any way and for any purpose; (3) such Suggestions automatically become our property without any obligation; and (4) you are not entitled to any accounting, compensation or reimbursement of any kind from us under any circumstances.

Except for your Content, as between you and us, all right, title and interest in and to our Services, the Content, and the structure, organization and arrangement thereof, are and remain the exclusive property of us and our licensors. Except for the limited specific rights we expressly grant you above, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, exploit or otherwise use our Services or any Content.

4.2. Violations

We reserve the right to monitor any and all use of our Services, and investigate any activity we suspect violates these Terms, our rights or interest, or the rights or interests of any person or entity.

We reserve the right, to the fullest extent permitted under law, to cooperate with any governmental authority or third party investigating conduct that may be illegal or harm any individual or entity or violates their respective rights. If, for example, a user threatens to physically harm another user or any other individual, we reserve the right to fully cooperate with law enforcement authorities and the threatened individual. You hereby consent to our cooperation in such investigation.

4.3 Indemnification

You will indemnify, defend and hold harmless Dermon Clinic and any of its affiliates, officers, directors, employees, agents, representatives, partners and licensors from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees, costs and disbursements, arising out of or in any way connected with your use of our Services.

4.4 Disputes; Governing Law; Jurisdiction

The interpretation of these Terms and the resolution of any disputes arising under these Terms shall be governed by the laws of the State of Florida, without regard to its conflict of laws provisions. These Terms shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. If any action or other proceeding is brought on or in connection with these Terms, you agree to submit to the personal jurisdiction of the state and federal courts located in the City of Tampa, Hillsborough County in the State of Florida, and agree not to bring any action relating to the use of our Services or to these of these Terms in any court in any jurisdiction other than the state or federal courts located in the county of Hillsborough, State of Florida. We shall have the right to commence and prosecute any legal or equitable action or proceeding before any US or non-US court of competent jurisdiction to enforce these Terms or to protect our or any third party’s rights in our Services or any data, information or other content made available via our Services. You hereby waive any right to a jury trial. You also agree that we may bring suit in court to enjoin any violation of these Terms without the posting of a bond or security, in addition to whatever remedies we might have at law. In any dispute between you and us where we prevail, we shall be entitled to recover our reasonable attorney fees, court costs, disbursements, and other legal expenses.

4.5 Termination

You agree and acknowledge that we may suspend or terminate your authorization to access any of our Services, with or without notice or cause, for any or no reason, and without any liability to you. Sections 4.1 through 4.14 shall survive any termination or expiration of these Terms.

4.6 Disclaimers and Limitations on Liability

ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON OUR SERVICES OR THE INFORMATION IN OUR SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. WE EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY INJURY CAUSED BY ANY USER, OR ANY DAMAGE SUFFERED BY ANY USER, AS A RESULT OF THE ACTIONS OR INACTIONS OF ANY OTHER USER. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.

4.7 Risks You Assume

WITHOUT LIMITING ANY OF THE OTHER RISKS WE HAVE DISCLOSED TO YOU IN THESE TERMS, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR SERVICES, INCLUDING ANY CONTENT YOU SUBMIT TO US AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE AND ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREIN, AND ANY SITES LINKED THROUGH OUR SERVICES AND ANY DATA TRANSMITTED THROUGH OUR SERVICES IS AT YOUR SOLE RISK. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY TO YOU FOR OR RELATING TO ANY OF YOUR ACTIONS, INCLUDING THE PUBLICATION OF ANY CONTENT YOU SUBMIT OR OUR EXERCISE OF THE RIGHTS YOU GRANT TO US WITH RESPECT THERETO.

4.8 Limitation of Liability

IN NO EVENT SHALL WE OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS OF FRONT LINE TELEMEDICINE, LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF INFORMATION, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, OUR AGGREGATE LIABILITY IN RESPECT OF ANY CLAIM OR ACTION YOU MAY BRING AGAINST US OR ANY OF THE DERMON CLINIC ENTITIES, REGARDLESS OF FORM OF ACTION OR THEORY OF LIABILITY, SHALL BE LIMITED TO THE GREATER OF (1) ONE HUNDRED UNITED STATES DOLLARS (US $100), AND (2) THE AGGREGATE FEES ACTUALLY PAID BY YOU TO US FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO SUCH CLAIM OR ACTION. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED.ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, FLORIDA CIVIL CODE (OR SIMILAR PROVISIONS OF THE LAWS OF OTHER STATES), WHICH STATES,

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

IN THE CASE OF A JURISDICTION THAT RESTRICTS LIMITATION CLAUSES, THIS LIMITATION SHALL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS OF USE IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY TERMINATED.

4.9 Severability

If any provision of these Terms is deemed invalid or unenforceable, then (a) that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and (b) the remaining provisions shall remain in full force and effect.

4.10 No Waiver

Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.

4.11 Interpretation

For the purpose of these Terms, “you” means the individual user of our Services. If your access or use of our Services is, directly or indirectly, on behalf of one or more third parties (such as, without limitation, your employer or client, or your employer’s client, if your employer has been engaged to access our Services (any such employer, client or other third party, a “Principal”)), then “you” also refers to such Principal. If you are using our Services on behalf of a Principal, (a) you represent and warrant that you have the authority to bind, and have bound, such Principal to these Terms; and (b) you agree to be jointly and severally liable for any breach of these Terms by Principal.

“Dermon Clinic,” “we,” “our,” and “us” means, collectively, Front Line Telemedicine LLC and our current and future subsidiaries and affiliates.

In addition, the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” The word “or” shall be construed to have the same meaning and effect as “and/or.” The words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to these Terms. The headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.

These Terms constitute the entire agreement between you and Dermon Clinic regarding any services accessed via our Services, and supersede all previous communications, representations, or understandings, either oral or written, relating to the subject matter hereof.

4.12 Electronic Contracting

Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

4.13 Assignment

We may freely assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

4.14 Amendments

We may update or change our Services or the provisions set forth in these Terms from time to time and recommend that you review these Terms on a regular basis. You understand and agree that your continued use of our Services after these Terms have been updated or changed constitutes your acceptance of the revised Terms. Without limiting the foregoing, if we make a change to these Terms that materially affect your use of the Services, we may post the notice or notify you via email or our website(s) of any such change. The most current version of the Terms shall govern and supersede all previous versions.

You hereby consent and authorize the treating providers you engage through the use of the Dermon Clinic (“Site”), to provide routine medical care and treatment, such as physical exams, diagnostic procedures, treatment of illnesses and injuries, and/or make necessary referrals. You acknowledge that other types of healthcare professionals such as nurses may take part in the provision of care under the supervision of physicians.

You certify that a physician or health care professional has explained the nature, benefits, and risks of any procedure or treatment provided by any treating provider you engage through the site. You have been given the opportunity to ask questions about any concerns regarding the procedure, consultation or treatment to be provided by any treating provider you engage through the Site.  

To the extent the patient is under the age of 18, you represent you are the patient’s parent or legal guardian and are duly authorized under state law to act on behalf of the minor.  All references to “you” shall be deemed to include the minor patient where such reference applies to the individual receiving care or treatment. 

 

CONSENT TO TELEMEDICAL CARE

Introduction

Telemedicine involves the use of audio, video or other electronic communications to interact with you, consult with your healthcare provider and/or review your medical information for the purpose of diagnosis, therapy, follow-up and/or education. During your telemedicine consultation, details of your medical history and personal health information may be discussed with you or other health professionals through the use of interactive video, audio or other telecommunications technology. Additionally, a physical examination of you may take place, and video, audio, and/or photo recordings may be taken.

 

Electronic systems used will incorporate network and software security protocols to protect the privacy and security of health information and imaging data and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

 

Anticipated Benefits

Improved access to medical care by enabling a patient to remain in his/her location while the physician may provide care from a distant site.

 

 More efficient medical evaluation and management

 Obtaining expertise of a distant specialist.

 

Possible Risks

As with any medical procedure, there are potential risks associated with the use of telemedicine. These risks include, but may not be limited to:

• In some cases, the forwarding information is insufficient (such as inadequate image clarity) to make the decision to provide advice from the service provider.
• Delay of consideration Can be caused by the abnormality of electronic tools. If these events occur. You may be contacted by telephone or other communications.
• In some cases, restrictions on access to your medical records may result in complications or drug allergies or other errors.
• Although there are measures to protect the privacy and security of patient information, in some cases such measures may fail. 
• Delays in medical evaluation/treatment could occur due to deficiencies or failures of the electronic equipment.
• In rare instances, security protocols could fail, causing a breach of privacy of personal medical information.
• In rare cases, a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors. 

Acceptance of Terms and Conditions You acknowledge and understand and accept that:

• You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed.
• You understand that the laws that protect the privacy and security of health information apply to telemedicine, and that no information obtained in the use of telemedicine which identifies you will be disclosed to researchers or other entities without your authorization.
• You understand that you have the right to withhold or withdraw your consent to the use of telemedicine in the course of your care at any time.
• You understand that you have the right to inspect all information obtained and recorded in the course of a telemedicine interaction, and may receive copies of this information for a reasonable fee.
• You understand that a variety of alternative methods of medical care may be available to you, and that you may choose one or more of these at any time. Your physician has explained the alternative to your satisfaction.
• You understand that telemedicine may involve electronic communication of your personal medical information to other medical practitioners who may be located in other areas, including out of state.
• You understand that it is your duty to inform your physician of electronic interactions regarding your care that you may have with other healthcare providers.
• You consent to receive protected health information via email or SMS text messaging and understand messages through these communication channels may not be secure.
• If your health insurance does not cover the costs incurred through the service. You are responsible for the costs.
• In psychiatric treatment, You will get information on how to treat it. Duration of treatment (if known) and cost. If you can consult with other psychologists or end your treatment.

Dermon Clinic is designed to offer information and a means to enable you to obtain telephonic and in-person consultations and treatment for common non-emergency medical conditions by facilitating the connection between you and nearby healthcare professionals through the use of the Site. For the avoidance of doubt, the capitalized word “Services” as used in this Agreement refers only to our Site, website, and related content and does not refer to the telephonic and in-person consultations and treatment that users receive from healthcare professionals. None of the website or Site content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. 

The Site is designed to enable you to send a request for select non-emergency medical consultation services to a healthcare professional. The GPS receiver – which should be installed on the mobile device on which you have downloaded the Site – detects your location. The Site identifies you to healthcare professionals who have licensed the Site from us and that have engaged us to provide administrative, scheduling, and other operational services. You will be able to select a health care professional who you wish will perform healthcare services you. After your selection, the Site then sends a message to the professional you selected that asks the professional whether he or she would like to provide you with the requested healthcare services. Health care professionals engaged by you through the Site do not accept Medicare or Medicaid. In the event a health care professional agrees to provide you with healthcare services, the Site schedules those services and bills you on behalf of the healthcare professional. We make no representation or warranty to you any health care professional will be available to perform health care services

DERMON CLINIC IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR ANY OTHER LICENSED PROFESSION, DOES NOT PROVIDE MEDICAL SERVICES, AND IS NOT A HEALTH CARE PROVIDER.  DERMON CLINIC DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY OTHER LICENSED PROFESSION BY ANY HEALTH CARE PROFESSIONAL, WHO ARE EACH RESPONSIBLE FOR HIS OR HER SERVICES AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO HIS OR HER PROFESSION AND LICENSE. THE HEALTH CARE PROFESSIONAL WITH WHICH YOU ESTABLISH A TREATMENT RELATIONSHIP IS SOLELY RESPONSIBLE FOR PROVIDING YOU WITH MEDICAL SERVICES. WE ONLY ACT AS A TECHNOLOGY PLATFORM TO CONNECT YOU WITH HEALTH CARE PROFESSIONALS WHO MAY BE INTERESTED IN PROVIDING YOU WITH MEDICAL SERVICES.

 

Your Use of the Services

You represent and warrant that the information you provide to us is accurate and complete. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Services at any time for any reason or no reason.

You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Site for your device. We are not liable if you do not have a compatible device or if you download the wrong version of the Site for your device.

By accessing or using the Services, you further agree that:

• You will only use the Services for your sole, personal use and you will not resell them to a third party;
• You will not copy or distribute the Services or other Services content;
• You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
• You will not use the Services for any purpose in violation of local, state, federal or international laws;
• You will not use the Services as a means to distribute advertising or other unsolicited material to any third party;
• You will not impersonate another person;
• You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
• You will comply with all applicable third party terms of agreement when using the Services (e.g., your wireless data service agreement);
• You will ensure that no unauthorized person shall have access to your mobile device or your Dermon Clinic passwords or accounts;
• You will promptly notify us in the event your Dermon Clinic passwords or accounts have been compromised;
• You will not assign or otherwise transfer your account to any other person or entity;
• You will not try to harm the Services or impair the proper operation of the network in any way whatsoever; and
• You will provide us with whatever proof of identity we may request.

We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.

 

Our Right to Use User-Provided Content

We may, in our sole discretion, permit you to post or submit content and other materials through the Services (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.

 

You acknowledge that Dermon Clinic only acts as a passive conduit for the distribution of the User-Provided Content and is not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Services through which users can post User-Provided Content. However, we reserve the right at all times, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates this Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

 

Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.

 

You agree to indemnify and hold harmless Dermon Clinic, Dermon Clinics’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of any User-Provided Content posted or transmitted through the Services by you or by others using your account.

 

 

Payment

There is no charge to register with us. You are charged only when you actually use the Services by scheduling a consultation with a healthcare professional. Each health care professional sets his or own fees for his or her time and services, but your payment to them includes a portion that is retained by us for our administrative Services in connection with the Site.

 

The rates that apply for the telephonic or in-person medical consultation services provided by the healthcare professionals can be found on our website and through the Site. These may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for the medical services made available through the Site.

 

Dermon Clinic shall, on behalf of the healthcare professional, charge you for the medical services provided to you by that health care professional. You agree that you will pay for all medical services you receive from the healthcare professional, and that Dermon Clinic may charge your credit card account, as provided by you when registering for the Services, for the medical services including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Dermon Clinic with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.

 

We use a third-party payment processor (the “Payment Processor”) to link us to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the Site will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor or your credit card issuer. In connection with your use of the Services (and specifically in connection with your scheduling of a telephonic or in-person consultation with a healthcare professional), Dermon Clinic will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy.

 

At present we do not process any insurance claims, nor will the healthcare professionals process claims on your behalf. Although the consultations/treatments you receive from health care professionals through the Site may or may not be covered by your insurance, it is solely up to you to contact your health plan, determine whether coverage applies and submit a claim. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.

 

 

Disclaimer

THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

The Services are solely designed to enable you to obtain telephonic and in-person consultations and treatment for common medical conditions by facilitating the connection between you and nearby health care providers. NOTHING CONTAINED IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. The services provided in the Site are here to help connect you to nearby health care providers only. Any information contained in the Services should not be relied upon as the basis of any health-care decision. The Services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.

 

 

NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH OUR SITE OR WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, YOU MAY USE THIS SITE TO TRY TO CONTACT A NEARBY QUALIFIED HEALTH CARE PROFESSIONAL. HOWEVER, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP.

 

 

We do not control, supply, endorse, warrant or guarantee any information, products, services or merchandise supplied by any of the health care providers that you may connect with via the Services.

 

WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL DERMON CLINIC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF DERMON CLINIC FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF DERMON CLINIC WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE SERVICES.