Terms of Use

This website, located at www.directderm.com (“Site,” and, collectively with any affiliated mobile application, the “Site”), is owned and operated by Direct Dermatology, Inc. (“DD”, “we,” or “us”).

This Site facilitates the provision of the Service to registered users. The “Service” includes (i) providing individuals with information on health care and wellness (“Content”), (ii) development and gathering of health care records and health care information with retention of the same for use in Physician and other healthcare provider appointments and communications, (iii) administrative support in connection with scheduling and payment for healthcare provider services, and (iv) telecommunications support for using the Service as a means of direct access to healthcare providers for communication, consultations, assessments, and treatment.

IF YOU HAVE A MEDICAL EMERGENCY,
IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911

Your access to and use of this Site are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Site or any information or Content contained on this Site. Your access to and use of this Site constitutes your acceptance of an agreement to abide by each of these terms and conditions set forth below. We may change these Terms of Use from time to time without advance notice by posting here or elsewhere on the Site and you will be bound by any such changes if you continue to use this Site after the changes are posted. Unless otherwise indicated, any new Content added to this Site will also be subject to these Terms of Use as in effect upon the date of any such addition. We encourage you to review the Site and these Terms of Use periodically for updates and changes.

THIS SITE ENABLES COMMUNICATION WITH PHYSICIANS AND OTHER HEALTH CARE PROVIDERS. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE, CARE, DIAGNOSIS, OR TREATMENT OTHER THAN FROM THE HEALTH CARE PROVIDERS DESIGNATED ON THE SITE.

Acceptance of Use and Terms

This Site is intended for use only by persons who are at least 18 years of age or such other age of majority if different from 18 in your jurisdiction of residence. For individuals who are under age 18 or such other age of majority if different from 18 in their jurisdiction of residence, a parent or legal guardian must accept these Terms of Use on his or her behalf.

Your Relationship with DD

DD provides a platform for you to consult with a Physician or other health care provider. You understand that by consulting with a Physician or other health care provider through the Site, you are not entering into a provider/patient relationship with DD, but rather with the individual health care provider.

You understand that your health care provider may send you messages, reports, and e-mails via the Site regarding the treatment of your condition. It is your responsibility to monitor these messages, reports, and e-mails. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in these messages.

Duty to Provide Information and Access

If you consult with a health care provider through the Site, you have a duty to provide appropriate real time audio and/or video access (consistent with any technical and quality requirements described on the Site) to enable an appropriate evaluation and connection by your health care provider. You also have a duty to provide truthful and accurate responses on any patient forms or information requests.

Privacy Policy

DD understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy for a description of how we may collect and use your personal information. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

Password Accounts, Passwords, and Security

By registering on the Site, users can receive access to the password-protected portions of the Site. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to immediately notify DD of any unauthorized use of your account or any other breach of security of which you become aware involving or relating to the Site by e-mailing DD. In addition, you agree to keep in confidence your username and password and to exit from your Secure User account at the end of each session. DD explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.

Intellectual Property Rights

Except as otherwise expressly stated, all Content appearing on the Site is the copyrighted work of DD or its third- party content providers and is protected by all applicable U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Site is also the exclusive property of DD and is protected by U.S. and international copyright laws.

Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of DD or any applicable third-party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by DD. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. DD does not warrant or represent that your use of Content or any other materials displayed on the Service will not infringe rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Content. DD is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless DD from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use.

Certain trademarks on the Site are the service marks and trademarks of DD or its licensees. The domain name for the Site, the DD logo and elements of the design of the Site are service marks, trademarks, logos, and/or trade dress of DD. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Site without the prior written authorization of DD.

Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress or other intellectual property on any other website or networked computer or linking to any page of the Site, must be obtained from DD or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from DD should be submitted via an email. All design rights, databases and compilation and other intellectual property rights associated with the Site, in each case whether registered or unregistered, and related goodwill, are proprietary to DD.

Notice and Procedure for Making Claims of Intellectual Property Infringement

DD respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and DD asks our users to do the same. DD therefore employs measures to prevent copyright and other intellectual property infringement on the Service. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:

Direct Dermatology, Inc.
530 Lytton Avenue, 2nd Floor
Palo Alto, CA 94301

Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Service are covered by the notice, a representative list of such works;
Identification of the material that you claim is 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 DD to locate the material;
Information reasonably sufficient to permit DD to contact you, such as your name, address, telephone number and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.

Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.

Ownership of Information Submitted via the Site

With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy (which may be governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state- specific privacy laws and regulations), any information you transmit to DD via the Site, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of DD.

Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. DD shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to DD via the Site or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

Prohibited Use

Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Site, (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data or information not intended by DD to be made accessible to a user, (vi) to obtain any materials or information through any means not intentionally made available by DD or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Site, you agree you will not: (a) Upload or transmit any message, information, data, text, software or images, or other content. that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any DD representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; (h) Violate any applicable local, state, national or international law; (i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; j) Delete or revise any material posted by any other person or entity; k) Manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology; l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Site or any related networks or systems; (m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) Harvest or otherwise collect information about others, including e-mail addresses; or (o) Use any robot, spider, scraper, or other automated or manual means to access this Site, or copy any content or information on this Site.

DD reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. DD may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be expressly limited by the Privacy Policy, DD reserves the right at all times to disclose any information as DD deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DD’s sole discretion.

Right to Monitor

DD reserves the right to monitor the use of this Site at any time as it deems appropriate and to remove any materials that, in DD’s sole discretion, may be illegal, may subject DD to liability, may violate these Terms of Use, or are, in the sole discretion of DD inconsistent with DD’s purpose for this Site.

No DD Editorial Control of Third Party Content; No
Statement as to Accuracy

To the extent that any of the Content included in the Site is provided by third party content providers or other Site users, DD has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by professionals, third party suppliers or users on this Site are those of such professional, third party suppliers or users, respectively. DD does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with DD.

Links to Third Party Sites

This Site may contain hyperlinks to other sites owned and operated by parties other than DD. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Site provides hyperlinks to other websites that are not owned, operated or maintained by DD you acknowledge and agree that DD is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. DD is under no obligation to maintain any link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever. DD shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. DD is not responsible for the privacy practices of any other websites.

Termination

DD may terminate your use of the Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms of Use. Upon such termination, you must destroy all Content obtained from the Site and all copies thereof. The provisions of these Terms of Use concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of the Site is terminated pursuant to these Terms of Use, you will not attempt to use the Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold DD harmless from any and all liability that DD may incur therefore.

Disclaimers

Content and other information contained on this Site is provided by DD as a convenience to its Users. Users relying on Content or other information from this Site do so at their own risk.

THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. DD, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. DD MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation of Liability

IN NO EVENT SHALL DD BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DD ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DD SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.

NEITHER DD NOR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold harmless DD its affiliates, contractors, and its directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from this Site, your use of this Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.

Notices

Any notices to you from DD regarding the Site or these Terms of Use will be posted on this Site or made by e-mail or regular mail.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

Entire Agreement

These Terms of Use and other policies DD may post on this Site or that you and DD may execute constitute the entire agreement between DD and you in connection with your use of the Site and supersedes any prior agreements between DD and you regarding use of the Site, including prior versions of these Terms of Use.

Governing Law; Venue; Severability of Provisions

The Terms of Use are governed by the laws of the State of California and the United States of America, without regard to any conflicts of law provisions. You also consent to the adjudication of any disputes arising in connection with our Service in the state and federal courts located in San Francisco, CA. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

No Agency Relationship

Neither these Terms of Use, nor any Content, materials or features of this Site create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

Remedies

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Assignment

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. DD may, in its discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some of all of the business of DD is transferred to another entity by way of merger, sale of its assets or otherwise.

Contacting Us

If you have any questions or concerns about these Terms of Use, please contact us here or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

Mailing Address: