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
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
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.
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.
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
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.
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.
Right to Monitor
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
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.
Governing Law; Venue; Severability of Provisions
No Agency Relationship
Direct Dermatology, Inc.
530 Lytton Avenue, 2nd Floor
Palo Alto, CA 94301