Terms of Use

Access to the DermOne web site is provided by DermOne. For purposes of this Agreement, “DermOne” includes DermOne’s affiliates and their respective officers, directors, managers, managing directors, partners, and employees. The “Site” shall mean the website of DermOne located at DermOne.com.

This Terms of Use Agreement (“Agreement” or “Terms of Use”) describes your rights and responsibilities and states the terms and conditions under which you may use the Site. Please read this document carefully. The term “you” as used herein refers to all individuals and/or entities accessing the Site for any reason. By continuing to use the Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement between you and DermOne. If you do not accept the terms and conditions stated here, DermOne is not willing to allow you to use the Site and you should immediately stop using the Site. Individuals must be at least 18 years of age to use the Site. If you are not at least 18 years of age, you should immediately stop using the Site. It is your responsibility to review this Agreement periodically.

Scope of Use: The information, data and other content (the “Information”) provided on the Site is provided by DermOne and its third party information providers (“Information Providers”), if any, for general informational purposes only and may not be redistributed by you. Information provided on the Site may be delayed as determined by DermOne in its sole discretion. You agree to use the Site and the Information provided thereon only for your own personal or business use, and not to reproduce, retransmit, disseminate, aggregate, sell, distribute, republish, broadcast, post, circulate or otherwise commercially exploit the Information available on the Site in any manner without the express written consent of DermOne, nor to use the Information available on the Site for any unlawful purpose. You agree to access the Information available on the Site manually by request and not programmatically by macro or other automated means, and to view the Information only as displayed on your terminal screen and not attempt to upload, intercept, extract or otherwise collect and/or record the Information through any technological means. You agree not to reverse engineer or decompile any software contained within the Site, or violate or attempt to violate the security of the Site, including any attempt to probe, scan or test the vulnerability of the Site or to breach security or authentication measures without proper authorization.

International Use: Because this Site may be accessible internationally, you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. The information on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject DermOne or its affiliates to any registration requirement within such jurisdiction or country. Any offer for any product made on this Site is void where prohibited.

Copyright and Intellectual Property Right Ownership: The Site, and all Information therein, contains material owned by either DermOne or its Information Providers which is protected under copyright, trademark and other intellectual property laws. DermOne and its Information Providers, as applicable, own the copyright to all Information and works of authorship on the Site. All trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of DermOne or its Information Providers, as applicable. You agree that, other than the right to access the Site and view the Information contained on the Site under the terms and conditions set forth herein, you acquire no ownership, title, right or interest of any kind in or to the Site or any portion of any Information on the Site, and that all title, right and interest therein and thereto remains the property of DermOne and/or its Information Providers, as applicable. You agree that you will not refer to or attribute any information to DermOne or its Information Providers in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any trademark of, or imply any endorsement by or relationship with, DermOne or its Information Providers. Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property rights concerning a name, logo, or trademark. Please be advised that DermOne may enforce its intellectual property rights to the fullest extent of the law.

Links to Other Websites: The Site may contain links to third-party internet websites or resources. These links are provided solely as a convenience to you and not an endorsement by DermOne of the contents of such third-party websites. DermOne neither controls nor endorses any such other websites, nor has it reviewed or approved any content that appears on such other websites. You acknowledge and agree that DermOne shall not be held responsible for the legality, timeliness, accuracy, completeness or appropriate nature of any information, data or other content, advertising, products, or services located on or through any other third-party websites, nor for any loss or damages caused or alleged to have been caused by your use of, inability to use, or reliance on, any such content, information or data. If you decide to access a linked website, you do so at your own risk.

Disclaimer of Warranties: EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND DERMONE, ALL CONTENT AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. DERMONE AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. DERMONE DOES NOT WARRANT THAT THE SITE OR ITS CONTENT MEETS YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND DERMONE, DERMONE SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF DERMONE, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.

Disclaimer of Damages and Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO DERMONE PARTY SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), UNDER ANY CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL THEORY, HOWSOEVER CAUSED, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY INFORMATION CONTAINED ON THE SITE, OR ANY ERRORS OR OMISSIONS THEREIN, OR YOUR USE OF, OR INABILITY TO USE, OR RELIANCE ON, THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR INFORMATION CONTAINED ON THE SITE IS TO STOP USING THE SITE. IN THE EVENT THAT THE FOREGOING DISCLAIMER OF LIABILITY IS HELD TO BE INVALID OR UNENFORCEABLE, YOU AGREE THAT THE MAXIMUM CUMULATIVE AGGREGATE LIABILITY OF THE DERMONE PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE) AT ANY TIME SHALL BE THE AGGREGATE CUMULATIVE AMOUNT PAID BY YOU TO DERMONE UP TO AND INCLUDING THE TIME OF THE INCURRENCE OF SUCH LIABILITY, IF ANY, TO ACCESS THE SITE.

Medical Disclaimer: This Site exists for general informational purposes only. The information presented on this Site should never be construed as medical advice, and nothing contained on this Site should substitute for proper medical advice, treatment or diagnosis. Furthermore, DermOne is not a provider of medical care or services. DermOne provides administrative services to affiliated dermatology practices, which are owned by licensed physicians.

Indemnity: As a condition of your use of the Site, you agree to defend, indemnify, and hold harmless DermOne, its affiliates, directors, employees, attorneys, and agents (“Indemnitees”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnitees may incur in connection with your use of, or inability to use, the Site or any hyperlinked website, your violation of these Terms of Use or your violation of the rights of any third party.

Jurisdictional Issues: The Site is to be used solely by individuals and entities in the jurisdictions in which DermOne is authorized to do business. DermOne makes no representation that (i) materials on the Site are appropriate or available for use in other locations or (ii) that any products, instruments or services discussed on the Site are appropriate or available for use or sale in any jurisdiction. If you choose to access the Site from any location then you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable local laws. DermOne reserves the right to limit the availability of the Site to any person, geographic area, or jurisdiction it desires, at any time and in its sole discretion.

Choice of Law and Forum: You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by DermOne to resolve any legal matter arising from this Agreement or related to your use of the Site. If the court of law having jurisdiction, rules that any provision of the Agreement is invalid, then that provision will be removed from the Terms of Use and the remaining Terms of Use will continue to be valid.

Class Action Waiver: You agree that if any dispute should arise between you and DermOne, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action.

Arbitration Agreement: You and we mutually agree that any dispute of any kind arising out of the Terms of Use, Privacy Policy, or your use of the Site will be resolved through binding arbitration pursuant to the American Arbitration Association (“AAA”) in accordance with AAA Commercial Arbitration Rules (www.adr.org/commercial) and Supplementary Procedures for Consumer-Related Disputes (www.adr.org/consumer). Any claim must be brought on an individual basis with no class relief. This section shall also be construed as a written agreement to arbitrate a dispute of any kind between you and DermOne that may arise through the use of this Site. You agree with us that this section satisfies the writing requirement of the Federal Arbitration Act. The hearing shall be conducted in the county of your residence. For any claim in which you seek US $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator decides the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, DermOne will pay the costs and fees of the arbitration and the arbitrator, and will not seek reimbursement from you. This section shall not apply to disputes that are not arbitrable by law.

Severability: If any provision of these Terms of Use is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.

Complete Agreement: This Agreement and the Privacy Policy constitute the entire agreement between you and DermOne relating to the Site and your use of the Site, and supersede any prior agreements or understandings not incorporated herein.

Modification: We reserve the right to change, edit, delete, or revise these Terms at any time, and such changes will be effective immediately. If you object to such changes, your sole recourse is to cease using the Site. We will notify you of any changes or modifications by posting the modified Terms of Use on the Site and indicating at the top of the Terms of Use the date on which it was last updated. Your use of the Site after a change has been posted constitutes your acceptance of and consent to the amended Terms of Use.

Privacy: DermOne’s policy with respect to the collection, disclosure and use of your personal information is set forth in its Privacy Policy, which can be located at www.DermOne.com/privacy-policy.html. Your use of the Site indicates your consent to the practices stated in our Privacy Policy. For more information, please visit www.DermOne.com/privacy-policy.

Termination: This Agreement, as amended by DermOne from time to time in accordance with its terms, shall remain effective indefinitely until terminated by DermOne. DermOne shall have the right to terminate this Agreement, and/or your access to and use of the Site, at any time in its sole discretion and without the requirement of written notification.

Revised: August 1, 2016