Terms and Conditions

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Updated November 21, 2022

Opt-in Policy.  By registering and using the services of ACCESS DERMATOLOGY LLC, you agree to receive periodic automated SMS text messages on your mobile phone from 855-912-3376.  Message and data rates may apply. Text STOP or QUIT to cancel or HELP for help.

Use of the Site.  ACCESS DERMATOLOGY LLC (“Access Dermatology”, “we”, “us”, or “our”) operates the website located at www.accessmyderm.com and other related websites and mobile applications with links to these Terms and Conditions (collectively, the “Site”). Through the Site, we offer an online technology platform (the “Platform”) enabling our members (“Members”) to report their health history and engage health care professionals (“Treating Providers”) to obtain medical and health care services, including but not limited to medical diagnosis and treatment of certain dermatological conditions (“Services”). By accessing and using the Site, you agree to be bound by these Terms and Conditions and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms and Conditions, you may NOT use the Site. You further agree that the limitations set forth in these Terms and Conditions are fundamental elements of the agreement between you and us and that the Site would not be provided to you without such limitations.

THE SITE AND SERVICES BY TREATING PROVIDERS VIA THE PLATFORM ARE NOT A SUBSTITUTE FOR OTHER MEDICAL CARE YOU MAY REQUIRE.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR SEEK EMERGENCY MEDICAL HELP.

USE THE PLATFORM AND ENGAGE IN SERVICES BY TREATING PROVIDERS AT YOUR OWN RISK.

Site Content. None of the Site content (other than specific consultation reports you receive from Treating Providers) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

Informed Consent

A. Telehealth is the delivery of healthcare services virtually, where the patient and the health care professional are not in the same physical location. During your telehealth consultation with a Treating Provider, details of your medical or health history and personal health information will be collected from you.

B. THE MEDICAL CARE YOU RECEIVE FROM YOUR TREATING PROVIDER THROUGH ACCESS DERMATOLOGY LLC  IS NOT A SUBSTITUTE FOR OTHER MEDICAL TREATMENT YOU MAY REQUIRE. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed, and continue to consult with your primary care physician and other health care professionals as recommended. Your Treating Provider may make arrangements for follow up care through other health care providers. Among the benefits of our Platform are improved access to health care professionals and convenience. However, as with any medical or health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:

• In rare cases, information transmitted may be insufficient or incomplete (for example, poor resolution of images) to allow for appropriate medical or health care decision making by the Treating Provider;
• Delays in evaluation or treatment could occur due to failures of the electronic equipment, systems, and technology; and
• Although the electronic equipment, systems, and technology we use incorporates network and software security protocols to protect the privacy and security of health information, in rare instances, such privacy and security protocols could fail, causing a breach of privacy of personal health information.

C. By accepting these Terms and Conditions, you acknowledge that you understand and agree to the following:

• You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed.
• You understand that the laws that protect the privacy and security of protected health information apply to telehealth, and you have reviewed our Privacy Policy which describes these protections in more detail.
• You are fully responsible for payment for services received through the Site.
• Each eVisit consultation is designed to assess a single skin condition.  If you provide details related to more than one skin condition, only the primary skin condition (as decided by Treating Provider) will be assessed.  You will need to submit an additional consultation form for each additional skin condition that you are requesting to have assessed.  
• Your Treating Provider, in his or her sole discretion, may determine that telehealth services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Services to you through the Platform.

Privacy

ACCESS DERMATOLOGY LLC does not electronically send specified transactions and is thus not a covered entity and is not required to comply with the health privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  However, because we value your privacy, we use these provisions as guidelines to maintain safeguards to protect the security of your health information. We devote significant effort toward ensuring that your personal information is secure. Our policies regarding use of health and other personal information is provided in our Site Privacy Policy including health information Notice of Privacy Practices. As part of providing you the Platform, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Platform and your Account (as defined below). While secure electronic messaging is always preferred to insecure email, under certain circumstances, email communication containing personal health information may take place between you and ACCESS DERMATOLOGY LLC. We cannot ensure the security or confidentiality of messages sent by email.

User Information

When you access Services on the Site, you are required to enter your name, email address, phone, and certain other information collected by ACCESS DERMATOLOGY LLC and to register with our secure Portal for communication (collectively “Account Information”). You must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not use the Platform. You agree that the information that you provide to us at all times, including all forms and any information you upload to the Site and Portal will be true, accurate, current, and complete. You may not transfer or share your Account with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account and for all activities that occur under your Account. ACCESS DERMATOLOGY LLC reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall ACCESS DERMATOLOGY LLC be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account information at any time.

Use of the Site by Minors

The Site is available for use by minors solely under the supervision of their parents or legal guardians. The Member for each user under the age of 18 must be the user’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms and Conditions and for ensuring that such minor’s use of the Site comply with these Terms and Conditions.

Further, if the user is younger than 13 years old (“Child”), the parent or other legal guardian agrees to review, confirm and follow the  Consent and Authorization to Provide Services to Children Under the Age of 13, in Compliance with the Children's Online Privacy Protection Act  (“COPPA”), found in our Privacy Policy, and to provide the required verification before Child may use services.

PARENT/GUARDIAN AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS ACCESS DERMATOLOGY LLC AGAINST ANY AND ALL CLAIMS AND DAMAGES IF A USER WHO IS A MINOR BREACHES ANY OF THESE TERMS AND CONDITIONS.

Use of the Site and the Platform by Caregivers

You may wish to authorize your Caregiver to use this Site and the Platform on your behalf. If you choose to do so, you agree to indicate on Site forms that your Caregiver is authorized to act on your behalf.

Access Rights

We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Platform solely for your personal, non-commercial use and only as permitted under these Terms and Conditions and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion and for any reason, to deny or suspend anyone’s use of the Site. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or the Platform to violate any local, state, national or international law of any kind, criminal or civil; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or the Platform; (d) distribute viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware, or other harmful software or computer code through the Site, (e) communicate any harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit or pornographic, or otherwise objectionable material of any sort, or (f) otherwise use the Site or the Platform in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language when communicating with Treating Providers through the Site. 

Fees and Purchase Terms

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing ACCESS DERMATOLOGY LLC with your credit card number and associated payment information, you agree that ACCESS DERMATOLOGY LLC is authorized to immediately invoice your account for all fees and charges due and payable to ACCESS DERMATOLOGY LLC hereunder and that no additional notice or consent is required. You acknowledge and agree that you shall be personally responsible for all incurred expenses.

ACCESS DERMATOLOGY LLC offers no guarantee that you shall receive any reimbursement for your payments through the Site. ACCESS DERMATOLOGY LLC reserves the right to modify or implement a new pricing structure at any time pursuant to these Terms and Conditions.

Website Links

WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

Ownership of Content and Trademarks

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms and Conditions. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

Certain names, logos, and other materials displayed on the Site may constitute trademarks, trade names, service marks or logos (“Marks”) of ACCESS DERMATOLOGY LLC or other entities. You are not authorized to use any such Marks without the express written permission of ACCESS DERMATOLOGY LLC. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

Termination

You may cancel or discontinue your use of the Service at any time, for any reason. ACCESS DERMATOLOGY LLC may suspend or terminate your use of the Site, Portal, Platform, Account, and/or registration for any reason at any time. Subject to applicable law, ACCESS DERMATOLOGY LLC reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, ACCESS DERMATOLOGY LLC will have no further obligation to provide you access to the Platform, except to the extent we are obligated to provide you access to your health records or Treating Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

Right to modify

We may at our sole discretion change, add, or delete portions of these Terms and Conditions at any time on a going-forward basis. Continued use of the Site and/or the Platform following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms and Conditions, inclusive of such changes.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE PLATFORM IS AT YOUR SOLE RISK. BOTH THE SITE AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACCESS DERMATOLOGY LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ACCESS DERMATOLOGY LLC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE PLATFORM, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification

You agree to indemnify, defend and hold ACCESS DERMATOLOGY LLC, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless your Treating Provider(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Treating Provider.

Geographical Restrictions

The Treating Providers are currently licensed to practice medicine in the State of New Jersey.  By using the Site and the Platform, you confirm that you are either a resident of the State of New Jersey or a nonresident who will be present within the State of New Jersey at the time of the eVisit/Telehealth consultation.

Miscellaneous

These Terms and Conditions and your use of the Site shall be governed by the laws of the State of New Jersey, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms and Conditions will be resolved exclusively by final and binding arbitration in Middlesex County, New Jersey under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Middlesex County, New Jersey, for any action related to these Terms and Conditions.

You understand that by checking the “agree” box for these Terms and Conditions and/or any other forms presented to you on the Site, you are agreeing to these Terms and Conditions and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Platform (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us, or (2) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Service.

No waiver by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

ACCESS DERMATOLOGY LLC is not responsible for the internet or data bandwidth and signal of your device.

These Terms and Conditions and the Privacy Policy, which includes the Notice of Privacy Practices and COPPA compliance policy, constitute the complete agreement between you and us with respect to their subject matter and supersede any prior agreement or communication. Such agreement is solely for your and our benefit, and is not for the benefit of any other person, except for our successors and assigns. We may assign, transfer, or otherwise dispose of our rights and obligations under this agreement, at any time without notice. You may not assign this agreement or transfer any rights to use the Site and the Platform.

Please report any violations of these Terms and Conditions to info@accessmyderm.com.